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)
DETAILS
Decision
Date
5/15/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
California
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Release Granted
Yes
Compassionate Release Case
Yes
Case Tracking Number
3:19-cr-00419-SI
MORE CASE INFORMATION
Court Name
N.D. Cal.
Decision
Motion Granted
Place of Incarceration
Local / County Jail
Name of Facility
Santa Rita Jail
Legal Authority
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Release Conditions
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.
Convictions
One count of distribution of heroin
Case Status
Decision Made
Pre-Existing Health Conditions
Asthma
Pre-Existing Health Conditions Notes
Asthma: moderate to severe
COVID-19 Positive or Symptomatic
No
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.