Compassionate release granted to individual who is sole available caretaker for 10 year old daughter with cerebral palsy and periventricular leukomalacia. Defendant's wife is disabled and unable to fulfill caretaking duties, and defendant's medical conditions place him at greater risk of COVID-19 complications. Government did not object to sentencing modification.
United States v. Kataev, No. 1:16-cr-00763-LGS, Dkt. No. 779 (S.D.N.Y. Apr. 15, 2020)
Criminal (Federal Charges)
Class Certification, Implementing Release Procedures, Improved Conditions, Preliminary Injunction (PI), Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Type of Case
Elderly, Immigrant Detention, Other, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail], Sole available caretaker for family member
Compassionate Release Case
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Name of Facility
Eighth Amendment - Deliberate Indifference, Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments)
Fourteen days self-quarantine; home incarceration for remainder of prison term
Conspiracy to commit wire, mail, and healthcare fraud; healthcare fraud
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.
This is another case where the government did not object. Here, the remaining sentence was less than a year, and the defendant was the only available caretaker for a disabled minor child, but the defendant's own medical conditions are not as severe as some cases where the government opposed compassionate release.
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.