The court granted the individual's motion for compassionate release conditioned on her home confinement, with voice recognition technology, for the remainder of the custodial sentence. She was required to remain in home quarantine for at least 14 days after her release, was only permitted to leave for medical needs, and (because she was not being surrendered to ICE) was required to cooperate in any removal proceedings.
United States v. Hernandez, No. 18-cr-20474, Dkt. No. 41 (S.D. Fla. Apr. 2, 2020)
Post-Conviction Detention [jail or prison], Significant Criminal History
Release Granted
Yes
Compassionate Release Case
Yes
Case Tracking Number
1:18-cr-20474-CMA
MORE CASE INFORMATION
Court Name
S.D. Fla.
Decision
Motion Granted
Place of Incarceration
Local / County Jail
Legal Authority
Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments)
Legal Authority
Antiterrorism and Effective Death Penalty Act (AEDPA) [arises with “second or successive habeas petitions”], Bail Reform Act, Bail Pending Sentence or Appeal, 18 U.S.C. § 3143, First Step Act, 18 U.S.C. § 3582(c)(1)(A), Other, § 2241 Habeas, § 2255 Habeas, 18 U.S.C. § 3145(c) (“Exceptional Reasons for Release”)
Release Conditions
Serve the remainder of custodial sentence on home confinement with voice recognition technology, only permitted to leave for medical needs, remains sentenced to three years of supervised release, must remain for at least 14 days after release in home quarantine
Case Status
Decision Made
COVID-19 Positive or Symptomatic
Not discussed
COVID-19 in Jail Prison or Detention Center
Not Discussed
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.