The court granted compassionate release under the First Step Act for individual who had served over 90% of his conviction for conspiracy to possess and distribute 100 grams or more of methylone. The court found that the individual satisfied the exhaustion requirement by filing a motion 30 days after his initial request to the warden. It also ruled that (1) the individual’s mild asthma constituted a compelling and extraordinary reason warranting release, (2) the individual did not pose a risk to the community because his initial crimes were non-violent, and (3) he was at a low risk of recidivism because of his conduct while imprisoned and the stability of the environment he would be released to.
United States v. Diaz, 2:13-cr-00437 (E.D.N.Y. Mar. 23, 2021)
DETAILS
Decision
Date
03/23/21
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
New York
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Release Granted
Yes
Compassionate Release Case
Yes
Case Tracking Number
2:13-cr-00437-JS
MORE CASE INFORMATION
Court Name
E.D.N.Y.
Decision
Motion Granted
Place of Incarceration
Federal Prison
Name of Facility
FCI Schuylkill
Legal Authority
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Release Conditions
The individual's term of incarceration was reduced to the time he already served; Upon release the individual was required to quarantine for 14 days; The individual was required to be on supervised release for 3 years following release where he will be imprisoned at home except as necessary for employment, education, religious services, medical, substance abuse or mental health treatment, attorney visits, court appearances, court-ordered obligations, or other pre-approved activities.
Convictions
Conspiracy to possess and distribute 100 grams or more of methylone
Case Status
Decision Made
Pre-Existing Health Conditions
Asthma
Pre-Existing Health Conditions Notes
Asthma (mild)
COVID-19 Positive or Symptomatic
Yes
COVID-19 in Jail Prison or Detention Center
Yes
Litigation Database
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.
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