The court granted a motion for compassionate release for individual with asthma despite "substantial criminal record." Individual had history of Bronchial Asthma since 2010, uses an inhaler, was treated by BOP for asthma and shortness of breath, and designated by BOP as inmate requiring medical monitoring.
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, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Location
Connecticut
Type of Case
Individual
Case Characteristics
Immigrant Detention, Parole or Probation Violations, 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
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
Eighth Amendment - Deliberate Indifference, Procedural Due Process (both 14th and 5th Amendments), Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
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.
Pre-Existing Health Conditions
Anxiety, Asthma, Diabetes, High Cholesterol, Hypertension (high blood pressure), Kidney Disease, Other, Serious and Persistent Mental Illness (SPMI), Neck, back, spine, and neurological issues
Pre-Existing Health Conditions Notes
History of Bronchial Asthma since 2010, uses an inhaler, treated by BOP for asthma and shortness of breath, and designated by BOP as inmate requiring medical monitoring.
COVID-19 Positive or Symptomatic
Not discussed
COVID-19 in Jail Prison or Detention Center
Not Discussed
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