Petitioner brought a motion for compassionate release on the basis that his pre-existing conditions (obesity, diabetes, and diabetic neuropathy) increase his vulnerability to COVID-19. Feliciano and the government agreed that Feliciano had exhausted his administrative remedies and his preexisting conditions established extraordinary and compelling reasons for release. However, the court denied release because he had served an insufficient amount of his sentence in light of the impact of Feliciano’s crime (causing someone to die by overdose) and his lengthy criminal history. Furthermore, the court took into account that Feliciano had not shown that he was receiving inadequate treatment for his conditions, and that MDC Brooklyn, Feliciano’s place of incarceration, seemed to have controlled the spread of the COVID-19 virus in the facility.
United States v. Feliciano, 2020 WL 5594121 (D. Conn. Sep. 17, 2020)
DETAILS
Decision
Date
09/17/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Connecticut
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Release Granted
No
Compassionate Release Case
Yes
Case Tracking Number
3:18-cr-00287-SRU
MORE CASE INFORMATION
Court Name
D. Conn.
Decision
Motion Denied
Place of Incarceration
Federal Detention Center [typically federal pretrial detention]
Conviction in This Case: Possession with Intent to Distribute Heroin and Fentanyl; Distribution of Heroin and Fentanyl. Past Criminal History: Possession of Marijuana; Assault Personnel; Possession of Narcotics; Drugs Near Prohibited Place; Breach of Peace and Threatening in the Second Degree; Violation of Protection Order.
Case Status
Decision Made
Pre-Existing Health Conditions
Diabetes, Obesity
Pre-Existing Health Conditions Notes
Obesity (BMI 30.9)
COVID-19 Positive or Symptomatic
No
Charges
Breach of Peace and Threatening in the Second Degree; Violation of Protection Order; Possession with Intent; Breach of Peace; Evade Injury/Property; Risk of Injury; Assault in the Third Degree; Criminal Mischief.
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.
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.