The court granted the defendant's motion for compassionate release. The court held that, while it is encouraging that the spread of the virus at MDC Brooklyn seems to have slowed to zero active cases at the time of the order, it does not agree that the "wait and see" approach to see if cases increased would be appropriate. As there were active cases in the facility within the last month, there is a possibility that untested, asymptomatic cases remain. In particular, the court found a causal relationship between hypertension and severe effects of Covid-19. Additionally, Mr. Cuevas’s offenses were non-violent and he had no criminal history or record of prior dangerous behavior. While he was involved in a significant drug trafficking organization, his role was limited to transporting drug proceeds and did not involve the use of firearms, supporting the reduction of his sentence.
United States v. Cuevas, 8:17-cr-00473, 2020 WL 4436380 (D. Md. Aug. 3, 2020)
DETAILS
Decision
Date
08/03/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Maryland
Type of Case
Individual
Case Characteristics
Elderly, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Release Granted
Yes
Compassionate Release Case
Yes
Case Tracking Number
8:17-cr-00473-GJH
MORE CASE INFORMATION
Court Name
D. Md.
Decision
Motion Granted
Place of Incarceration
Federal Prison
Name of Facility
Metropolitan Detention Center Brooklyn
Legal Authority
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Legal Authority
U.S.S.G. § 1B1.13
Release Conditions
Defendant’s sentence will be modified to time served and the Government will be directed to hold Defendant in quarantine for 14 days before he is released. Defendant’s previously ordered three-year supervised release period will remain in effect.
Convictions
Conspiracy to commit money laundering.
Case Status
Decision Made
Compassionate Release Exhaustion Holdingsin Federal Case
An individual can move for compassionate release after 30 days have passed from the date the application was submitted to the warden, irrespective of whether the warden has granted or denied the request.
Crowdsourced legal documents from around the country related to COVID-19 and incarceration, organized, collected, and summarized for public defenders, litigators, and other advocates. Created and managed by Bronx Defenders, Columbia Law School’s Center for Institutional and Social Change, UCLA Law COVID-19 Behind Bars Data Project, and Zealous. Mostly federal court opinions, but now expanding to states and legal filings, declarations, and exhibits.
This resource is designed to help lawyers, advocates, researchers, journalists, and others interested in challenging, remedying, or drawing attention to the grave risk that Covid-19 poses to individuals who are detained.