The court granted Laborin’s motion for compassionate release, because (1) parties agreed that Laborin’s obesity made him technically eligible for a sentence modification for compassionate release purposes, (2) the facility where Laborin stayed had positive cases of COVID-19 but had tested only one-fifth of its inmate population since the pandemic began in March 2020, (3) Laborin’s instant offense, felon in possession of a firearm, didn’t qualify him as a danger to the community as a matter of law, (4) Laborin had served approximately 79% of his sentence, and (5) Laborin’s efforts at rehabilitation while incarcerated weigh in favor of his requested sentence reduction.
United States v. Laborin, No. 2:15-cr-00002-KJM, 2020 U.S. Dist. LEXIS 185465 (E.D. Cal. Oct. 5, 2020)
DETAILS
Decision
Date
10/05/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
California
Type of Case
Individual
Case Characteristics
Pre-Existing Health Conditions
Release Granted
Yes
Compassionate Release Case
Yes
Compassionate Release Specific Characteristics
Has a disciplinary history
Case Tracking Number
2:15-cr-00002-KJM
MORE CASE INFORMATION
Court Name
E.D. Cal.
Decision
Motion Granted
Place of Incarceration
Federal Prison
Name of Facility
FCI Schuylkill
Legal Authority
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Release Conditions
Home confinement for up to 6 months; responsible for costs of location monitoring; restricted to mother's residence at all times except for employment, education, religious services, medical, substance abuse or mental health treatment, attorney visits, court appearances, court-ordered obligations, or other activities as pre-approved by probation officer; movement in community restricted to activities pre-approved by probation officer and only the activities listed previously; must self isolate for fourteen days in mother's home after release.
Convictions
Felon in possession of a firearm charge in violation of 18 U.S.C. 922(g), violation of the terms of supervised release.
Case Status
Decision Made
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.
Pre-Existing Health Conditions
Asthma, Obesity
Pre-Existing Health Conditions Notes
Obesity (BMI 38); asthma (severity unknown)
COVID-19 Positive or Symptomatic
Not Discussed
COVID-19 in Jail Prison or Detention Center
Yes
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.