The court granted the incarcerated individual's motion for compassionate release under the First Step Act, doing so on the basis of his pre-existing health issues and the widespread COVID-19 outbreak at FCI Milan where he was being held. The individual was convicted of multiple charges of bank fraud, bribery, and creating false records; his health issues included heart disease, diabetes, hypertension, and asthma, and he was also 65 years old. As a result of these conditions, the court ofund that he was at high risk of a serious infection, especially given that at FCI Milan "78 inmates have tested positive for COVID-19, three have died, and eight are 'pending recovery.'" In fact, two months earlier, the individual “was designated to a special housing unit within FCI Milan reserved for inmates at high risk from the pandemic.” The court also noted that he had only one had minor disciplinary issue and that he was convicted of nonviolent financial crimes, thus determining that he would not be "a danger to the community."
United States v. Nazzal, No. 2:10-cr-20392, 2020 U.S. Dist. LEXIS 101391 (E.D. Mich. June 10, 2020)
DETAILS
Decision
Date
6/10/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Michigan
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Release Granted
Yes
Compassionate Release Case
Yes
Compassionate Release Specific Characteristics
Has a disciplinary history, Went to trial
Case Tracking Number
2:10-cr-20392-DML
MORE CASE INFORMATION
Court Name
E.D. Mich.
Decision
Motion Granted
Place of Incarceration
Federal Prison
Name of Facility
FCI Milan
Legal Authority
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Release Conditions
Immediate release; will serve out the rest of his term in home confinement (34 months); must quarantine for two weeks upon being released
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.