Pacheco moved for compassionate release in light of COVID-19. The court first rejected the government's contention that COVID-19 was not itself an "extraordinary and compelling" reason to consider compassionate release, emphasizing that satisfying that requirement was necessary, but not sufficient to warrant release. The court then considered the balancing factors, reasoning that they weigh heavily towards release, since the court did not know how severe the COVID-19 pandemic would be when it sentenced Pacheco. Commenting that "the Court did not intend to impose a possible death sentence for a non-violent violation of supervised release," the court granted the motion for compassionate release.
United States v. Pacheco, No. 1:12-cr-00408-JMF, 2020 WL 4350257 (S.D.N.Y. July 29, 2020)
DETAILS
Decision
Date
07/29/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
New York
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison]
Release Granted
Yes
Compassionate Release Case
Yes
Case Tracking Number
1:12-cr-00408-JMF
MORE CASE INFORMATION
Court Name
S.D.N.Y.
Decision
Motion Granted
Place of Incarceration
Federal Prison
Legal Authority
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Release Conditions
Home confinement, to be enforced by GPS monitoring; must remain at approved residence except to seek any necessary medical treatment with notice to and approval by the Probation Department; and must possess or have access to a telephone that will allow him to video conference with the Probation Department.
Convictions
Violating the terms of supervised release
Case Status
Decision Made
COVID-19 Positive or Symptomatic
Not Discussed
COVID-19 in Jail Prison or Detention Center
Not Discussed
Attorney Email Posted on Site
No
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.