The court deferred waiving the exhaustion requirement for 20 days in order to give BOP time to make a determination. The court considered the 20 days a compromise between the statute’s clearly stated exhaustion requirement and expeditious and effective review. The court urged the Government to waive exhaustion if it learns BOP will not be able to meet the deadline.
United States v. Paciullo, No. 15-CR-834 (KMW), 2020 U.S. Dist. LEXIS 65198 (S.D.N.Y. Apr. 14, 2020)
Criminal (Federal Charges)
Type of Court
Federal District Court
Type of Case
Elderly, Immigrant Detention, Low-Level Offenses, Parole or Probation Violations, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail]
Compassionate Release Case
Compassionate Release Specific Characteristics
Has a significant criminal history
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Name of Facility
Procedural Due Process (both 14th and 5th Amendments), Sixth Amendment - Access to Counsel, Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
Receipt of and Distribution of Child Pornography; Possession of Child Pornography
Decision Made But Case Still Pending
Compassionate Release Exhaustion Holdingsin Federal Case
Other, Court deferred motion for 20 days and if BOP doesn't make a final determination by then Court will consider motion.
Pre-Existing Health Conditions
Age, Cardiac Disease, Diabetes, Hypertension (high blood pressure), Obesity, Other, IgA Nephropathy (a kidney disease), "Adverse Childhood Experiences"
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.