U.S. v. Echevarria (D. Conn.) - Compassionate Release Grant - CDC Risk Category
The court granted a motion for compassionate release. The court held that exhaustion under the First Step Act was satisfied because the BOP did not respond to the defendant’s request. The defendant has a history of asthma and was designated by the BOP as an inmate with medical conditions that require monitoring. The government did not oppose the defendant’s motion in light of his asthma. In light of the defendant’s medical conditions, his generally nonviolent, albeit substantial criminal history, and his rehabilitative efforts prior to sentencing, the court granted the motion for compassionate release and ordered the defendant to serve a period of supervised release equal to the unserved portion of his original term of imprisonment, plus the four-year term of supervised release previously imposed.
United States v. Echevarria, No. 3:17-cr-44 (MPS), 2020 WL 2113604 (D Conn. May 4, 2020)
DETAILS
Decision
Date
5/4/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Connecticut
Type of Case
Individual
Case Characteristics
Immigrant Detention, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail]
Release Granted
Yes
Compassionate Release Case
Yes
Compassionate Release Specific Characteristics
Has a significant criminal history, Only served a small portion of their sentence (less than 33%)
Case Tracking Number
3:17-cr-44-MPS
MORE CASE INFORMATION
Court Name
D. Conn.
Decision
Motion Granted
Place of Incarceration
Federal Prison
Name of Facility
FCI Allenwood
Legal Authority
Procedural Due Process (both 14th and 5th Amendments), Sixth Amendment - Access to Counsel, Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
Supervised release equal to the unserved portion of the defendant's original term of imprisonment, followed by a previously-imposed term of supervised release, under the same conditions listed in the defendant's original judgment; the defendant must travel to his address in Connecticut within 24 hours of release and remain in home confinement for 60 days, the first 14 of which shall be under self-quarantine, subject to electronic monitoring; the defendant must also contact his physician and get tested if instructed so
Convictions
Conspiracy to possess with intent to distribute actual methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A) and 846; violation of prior supervised release conditions in 3:06-cr-269.
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., Other, "The Court concludes that § 3582(c)(1)(A) does not require the Court to wait to consider a compassionate release request if there is a credible claim of serious and imminent harm from this pandemic." Id. at 9.
Pre-Existing Health Conditions
Anxiety, Asthma, Bi-Polar Disorder, Cardiac Disease, High Cholesterol, Hypertension (high blood pressure), Obesity, Other, Chronic back pain, pre-diabetes
Pre-Existing Health Conditions Notes
Bronchial asthma since 2010, has a history of treatment by the BOP, and has been designated by the BOP as an inmate with medical conditions that require monitoring
COVID-19 Positive or Symptomatic
No
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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