Granted compassionate release under First Step Act for defendant sentenced to 6 months imprisonment for conspiracy to commit wire fraud, despite lack of personal COVID-19 risk factors. The court held that, "in light of 1) the COVID-19 pandemic... ; 2) the particular risk of infection and transmission risk in penitentiary facilities; 3) the fact that the defendant is a non-violent first-time offender who does not pose a danger to the community; and 4) the fact that he has been (and will be for the next week) subject to a quarantine in solitary confinement at a higher security facility, there exist extraordinary and compelling circumstances" justifying release.
United States v. Macfarlane, No. 19-cr-10131 (NMG), 2020 WL 1866311 (D. Mass. Apr. 14, 2020).
Criminal (Federal Charges)
Implementing Release Procedures, Release
Type of Court
Federal District Court
Type of Case
Post-Conviction Detention [jail or prison]
Compassionate Release Case
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Name of Facility
U.S.P. Tucson Satellite Camp
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Time served, home confinement until June 30, 2020.
Conspiring to commit mail fraud in violation of 18 U.S.C. § 1349
Improved Conditions Ordered
Court recommended defendant be allowed at least 2 phone calls a day while in quarantine.
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.