The court granted the defendant compassionate release under 19 U.S.C. §3582(c)(1)(A)(i), reasoning that defendant’s advanced age (72), COVID-19 positive status, and the spread of COVID-19 in the prison facility constitute “extraordinary and compelling reasons” such that release was warranted. The court also reasoned that the defendant had taken steps to rehabilitate himself and is a first-time, non-violent offender whose release will not endanger the community. The court released Mr. Fischman before the 30 days, as required under 18 U.S.C. § 3582(c)(1)(A), had elapsed. In doing so, the court noted that extraordinary circumstances, including the presence of COVID-19 at FCI Terminal Island, weighed in favor of releasing Mr. Fischman immediately as opposed to waiting for the 30-day timeline to be met.
United States v. Fischman, No. 16-cr-00246-HSG-1, 2020 WL 2097615 (N.D. Cal. May 1, 2020)
Criminal (Federal Charges)
Type of Court
Federal District Court
Type of Case
Elderly, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail]
Transported directly to his home in Oakland, CA, where he will self-quarantine for 14 days; Subject to home incarceration without electronic monitoring for remaining portion of original term of imprisonment; may leave only for necessary medical services with prior approval from Probation Office; must comply with CA shelter in place order.
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.