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)
DETAILS
Decision
Date
4/17/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Class Certification, Preliminary Injunction (PI), Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Location
Massachusetts
Type of Case
Individual
Case Characteristics
Elderly, Low-Level Offenses, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail]
Release Granted
Yes
Compassionate Release Case
Yes
Case Tracking Number
18-cr-10086-IT
MORE CASE INFORMATION
Court Name
W.D. Va.
Decision
Motion Granted
Place of Incarceration
Federal Detention Center [typically federal pretrial detention]
Name of Facility
Metropolitan Detention Center, Brooklyn
Legal Authority
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.
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