The court granted Fernandez's motion for compassionate release. The government did not contest that Fernandez failed to meet his exhaustion requirement. The court considered Fernandez's previous infection of COVID and extensive medical conditions (including asthma, kidney disease, and hypertension) to conclude that "defendant’s living conditions and the situation at his institution are such that defendant is likely unable to engage in the self-care required to protect himself against contracting COVID-19, as prescribed by reputable public health authorities." Thus, the court found this to be a compelling reason for compassionate release. In addition, having served about half of his sentence for a nonviolent charge, the court recognized that Fernandez "earned good time credits and avoided disciplinary incidents" and concluded that reducing his sentence would not be "'an abrupt departure from [defendant's] current sentence'".
United States v. Fernandez, No. 2:16-CR-00115-KJM, 2020 BL 386436, (E.D. Cal. Oct. 05, 2020).
DETAILS
Decision
Date
10/05/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
California
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
2:16-cr-00115-KJM
MORE CASE INFORMATION
Court Name
E.D. Cal.
Decision
Motion Granted
Place of Incarceration
Federal Prison
Name of Facility
FCI Lompoc
Legal Authority
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Release Conditions
"... supervised release for six months and defendant be subject to home confinement with defendant’s bearing the attendant cost of location monitoring. There being a verified residence and an appropriate release plan in place, this order is stayed for up to fourteen days to make appropriate travel arrangements and to ensure defendant’s safe release. Defendant shall be released as soon as appropriate travel arrangements are made, and it is safe for the defendant to travel. The court orders Mr. Fernandez to self-isolate for fourteen days in his brother’s home, once he arrives there. In addition to other court-imposed conditions of release, defendant’s previously imposed conditions apply and movement in the community shall be restricted as follows, with all activities subject to pre-approval by the probation officer: defendant shall be restricted to his residence at all times except for employment, education, religious services, medical, substance abuse or mental health treatment, attorney visits, court appearances, court-ordered obligations, or other activities as pre-approved by the probation officer."
Convictions
"conspiracy to distribute and possess with intent to distribute methamphetamine in violation of 21 U.S.C. §§ 846, 841(a)(1)."
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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