U.S. v. Legaspi (S.D. Cal.)- Compassionate Release- CDC Risk Category
Legaspi moved for compassionate release, arguing that his age (49), high blood pressure, type 2 diabetes, and obesity put him at high risk if he were to contract COVID-19 (again). He had already contracted COVID-19 previously and FCI Lompoc was experiencing spikes of the virus. The court recognized that these conditions may heighten "'the risk of severe injury or death' if he contracted COVID-19, and that these chronic conditions satisfy the criteria established by the CDC. Legaspi's motion was nonetheless denied; one reason being that Legaspi's "drug addiction, criminal history, and inability to successfully complete terms of parole or probation indicate that, despite his new sobriety in custody, he would be a danger to others if the Court was to grant his motion for compassionate release." The court found that FCI Lompoc had also successfully "reduced the number of COVID-19 cases".
United States v. Legaspi, No. 18-CR-1671-2-L, 2020 WL 5642748 (S.D. Cal. Sept. 22, 2020)
DETAILS
Decision
Date
9/22/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
California
Type of Case
Individual
Case Characteristics
Parole or Probation Violations, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Significant Criminal History
Release Granted
No
Compassionate Release Case
Yes
Case Tracking Number
3:18-cr-01671-L
MORE CASE INFORMATION
Court Name
S.D. Cal.
Decision
Motion Denied
Place of Incarceration
Federal Prison
Name of Facility
FCI Lompoc
Legal Authority
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Convictions
"distribution of methamphetamine"; 10 felony convictions, including two additional federal convictions, between 1990-2018 which resulted in a criminal history score of 19 at the time of sentencing"; "the convictions range from offenses as minor as
trespassing and possession of controlled substances to offenses as serious as possessing ammunition, drug trafficking, burglary, and grand theft"
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
Diabetes, Hypertension (high blood pressure), Obesity, Other, History of drug addiction (now sober)
Pre-Existing Health Conditions Notes
Obesity (BMI 31.1)
COVID-19 Positive or Symptomatic
Yes
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.