Fernandez moved for compassionate release, arguing that his HIV, diabetes, and hypertension increased his vulnerability to COVID-19. The court found that despite Fernandez's previous COVID-19 infection and the prison's attempts to mitigate his preexisting conditions, his health concerns still presented "extraordinary and compelling" justifications for release. The court also pointed to the fact that Fernandez's significant steps toward addiction recovery decreased his chance of recidivism. Thus, the court granted Fernandez's request and reduced his sentence to time served.
United States v. Fernandez, No. 14-CR-277-GPC-2, 2021 WL 1238888 (S.D. Cal. Apr. 2, 2021)
DETAILS
Decision
Date
04/02/2021
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
Compassionate Release Specific Characteristics
Has a significant criminal history
Case Tracking Number
3:14-cr-00277-GPC
MORE CASE INFORMATION
Court Name
S.D. Cal.
Decision
Motion Granted
Place of Incarceration
Federal Prison
Name of Facility
FCI Florence
Legal Authority
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Release Conditions
60-month term of supervised release; home confinement for 12 months without electronic monitoring, to be restricted to residence except for medical necessities and court appearances; defendant's person and property subject to search by U.S. Probation Office; required to self-quarantine for at least 14 days after release; must report by telephone to Probation Office within 24 hours of release.
Convictions
Conspiracy to Commit Wire Fraud; Computer Hacking; Aggravated Identity Theft
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.
Pre-Existing Health Conditions
Diabetes, HIV, Hypertension (high blood pressure)
Pre-Existing Health Conditions Notes
Diabetes (type 2)
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.
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.