Granted compassionate release for defendant convicted of wire fraud and tax evasion, who had served 1/3 of his 1 year sentence. Defendant's asthma and respiratory conditions placed him at higher COVID risk, constituting extraordinary and compelling reasons favoring release under § 3582. The court further held administrative exhaustion was subject to equitable exceptions, as: "An unyielding view of the exhaustion requirement is likely to render the BOP incapable of granting adequate relief, and, in light of Mr. Gileno's vulnerability to COVID-19, he would be unduly prejudiced by delay." The court had previously denied release in this case.
United States v. Gileno, No. 19-CR-161 (VAB), 2020 WL 1916773 (D. Conn. Apr. 20, 2020)
Criminal (Federal Charges)
Bond Hearing, Delayed Surrender, Improved Conditions, Preliminary Injunction (PI), Release
Type of Court
Federal District Court
Type of Court
State Appellate Court
Type of Case
Elderly, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Compassionate Release Case
Compassionate Release Specific Characteristics
Only served a small portion of their sentence (less than 33%)
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Name of Facility
Eighth Amendment - Deliberate Indifference
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A), Prison Litigation Reform Act (PLRA) Exhaustion
Time served, remainder of sentence on home confinement and 2 years supervised release.
Wire fraud under 18 U.S.C. § 1343; tax evasion under 26 U.S.C. § 7201
Compassionate Release Exhaustion Holdingsin Federal Case
Exhaustion is subject to equitable exceptions.
Pre-Existing Health Conditions
Asthma, Lung Disease, Other, Others (unspecified)
Pre-Existing Health Conditions Notes
COVID-19 Positive or Symptomatic
COVID-19 in Jail Prison or Detention Center
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.