Lii moved for compassionate release, citing his vulnerability to COVID-19 as well as the disparity between his life sentence (of which he had served 15 years already) and the fifteen-year mandatory minimum sentence now applicable under the First Step Act. The court agreed with Lii that the "enormous disparity" between his sentence and that of a contemporary offender was disproportionate to the gravity of his offense, thus creating an “extraordinary and compelling” justification for his release. This disparity alone justified his release, so while his preexisting conditions of age, obesity, and hypertension did increase Lii’s vulnerability to COVID-19, these factors simply “[added] weight” to the decision.
United States v. Lii, No. CR 06-00143 JMS (01), 2021 WL 1113663 (D. Haw. Mar. 23, 2021)
DETAILS
Decision
Date
03/23/2021
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Hawaii
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Significant Criminal History
Release Granted
Yes
Compassionate Release Case
Yes
Compassionate Release Specific Characteristics
Has a disciplinary history, Has a significant criminal history, Only served a small portion of their sentence (less than 33%)
Frequent drug testing and treatment; quarantine for 14 days before release; ten years of supervised release
Convictions
Three methamphetamine-related offenses; two prior minor drug offenses
Case Status
Decision Made
Pre-Existing Health Conditions
Age, Hypertension (high blood pressure), Obesity
Pre-Existing Health Conditions Notes
Age (55), Obesity (BMI 38 to 40)
COVID-19 Positive or Symptomatic
Not Discussed
COVID-19 in Jail Prison or Detention Center
Not Discussed
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.