The court granted Lee’s motion for compassionate release due to his asthma and the fact that COVID-19 was spreading through the jail in which he was being held prior to his transfer to BOP custody. Recently, the jail had also denied him his inhaler. The court did not require official medical records to prove his asthma was moderate to severe, but instead ruled Lee had met his burden through his sworn declaration as well as the sworn declaration of his wife. The court also declined to wait for Lee to be transferred to BOP custody and evaluated by the BOP for home confinement.
United States v. Lee, No, 3:19-cr-00419-SI, 2020 U.S. Dist. LEXIS 85931 (N.D. Cal. May 15, 2020)
Criminal (Federal Charges)
Type of Court
Federal District Court
Type of Case
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Compassionate Release Case
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Local / County Jail
Name of Facility
Santa Rita Jail
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Lee shall abide by all technology requirements and shall pay the cost of location monitoring based upon his ability to pay as directed by the probation officer. He is restricted to his 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 the probation officer.
One count of distribution of heroin
Pre-Existing Health Conditions
Pre-Existing Health Conditions Notes
Asthma: moderate to severe
COVID-19 Positive or Symptomatic
COVID-19 in Jail Prison or Detention Center
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.