The court found the exhaustion requirement nonjurisdictional, waived exhaustion, and granted compassionate release. The court noted that the individual had less than two months left on his sentence and would be transferred to ICE custody for deportation after sentence. The court found the text and purpose of First Step Act substantially different than the PLRA, in that courts are to consider extraordinary and compelling reasons for release including time sensitive matters.
United States v. Guzman Soto, No. 18-cr-10086-IT, 2020 WL 2104787 (D Mass. May 1, 2020)
Criminal (Federal Charges)
Class Certification, Preliminary Injunction (PI), Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Type of Case
Elderly, Low-Level Offenses, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail]
Compassionate Release Case
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Federal Detention Center [typically federal pretrial detention]
Name of Facility
Metropolitan Detention Center, Brooklyn
Eighth Amendment - Deliberate Indifference, Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments)
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., Other, The court has discretion to waive 30 days when defendant has filed request with the warden
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.