Judge Azrack issued a non-binding recommendation to the BOP to "make it a priority to take effective action to guard [Defendant] against exposure to COVID-19 . . . [and] act with acute sensitivity to [Defendant’s] interests in health and safety.” Defendant had previously moved for compassionate release under the First Step Act, but this motion was held in abeyance per Defendant's request to permit him to exhaust his administrative remedies. Defendant, convicted of wire fraud and sentenced for 33 months beginning on 4/20/20, has numerous health conditions placing him at high COVID risk, namely: obesity, severe asthma, bronchitis, scar tissue from a collapsed lung, and a currently benign tumor.
United States v. Lombardo, No. 17-CR-318 (JMA), Dkt. 34 (E.D.N.Y. May 29, 2020)
DETAILS
Decision
Date
5/29/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Class Certification, Other, Preliminary Injunction (PI), Release, Temporary Restraining Order (TRO), Plea Agreement
Type of Court
Federal District Court
Location
New York
Type of Case
Individual
Case Characteristics
Other, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Sole available caretaker for family member
Release Granted
No
Compassionate Release Case
Yes
Compassionate Release Specific Characteristics
Only served a small portion of their sentence (less than 33%)
Case Tracking Number
17-cr-318-JMA
MORE CASE INFORMATION
Court Name
E.D.N.Y.
Decision
Case Pending
Place of Incarceration
Federal Prison
Name of Facility
FCI Fort Dix
Legal Authority
Eighth Amendment - Deliberate Indifference, Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments)
The Court made a non-binding recommendation to BOP to “make it a priority to take effective action to guard [Defendant] against exposure to COVID-19 . . . [and] act with acute sensitivity to [Defendant’s] interests in health and safety.”
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., Exhaustion is subject to equitable exceptions.
Pre-Existing Health Conditions
Asthma, Diabetes, Hypertension (high blood pressure), Lung Disease, Obesity, Other, Tuberculosis, Bronchitis; scar tissue from a collapsed lung; benign head tumor
Pre-Existing Health Conditions Notes
Asthma (Severe); Obesity (BMI unspecified)
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.