The court granted compassionate release on the basis of the incarcerated individual's many pre-existing health issues and the conditions of the facility where she was being held. The individual was convicted of one count of importing a controlled substance and otherwise had no criminal history; she had many health issues including cervical cancer, COPD, heart disease, congenital heart failure, hypertension, kidney failure, asthma, and a gastric ulcer. On the issue of exhaustion, the court ruled in the individual's favor given that 30 days had already passed since she first filed her request and because "[i]f Padilla contracts COVID-19 before her appeals are exhausted, that undue delay might cause her to endure precisely the catastrophic health consequences she now seeks to avoid." On the merits, the court ruled in her favor because of her health issues and because of conditions at the facility she is being held would put her at risk of dying from COVID-19, noting that "Padilla has been unable to see a doctor during her period of incarceration at FMC Carswell or to obtain access to medical equipment, and she has witnessed other individuals at FMC Carswell dying due to untreated infections and their inability to obtain treatment." The court also claimed she was not a danger to the community given the nonviolent nature of her offense "which is further contextualized by the history of severe domestic violence and sexual and physical abuse that Padilla was subjected to throughout her life."
United States v. Padilla, No. 19-cr-03331-GPC, 2020 U.S. Dist. LEXIS 102483 (S.D. Cal. June 11, 2020)
DETAILS
Decision
Date
6/11/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
California
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Release Granted
Yes
Compassionate Release Case
Yes
Case Tracking Number
3:19-cr-03331-GPC
MORE CASE INFORMATION
Court Name
S.D. Cal.
Decision
Motion Granted
Place of Incarceration
Federal Prison
Name of Facility
Federal Medical Center (“FMC”) Carswell
Legal Authority
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Release Conditions
36 months of supervised release, the first 18 of which include home confinement without electronic monitoring; residence in a Residential Reentry Center for up to 120 days "to permit the transfer of Padilla’s case to Wisconsin in order to facilitate the home confinement term"; 14 days of self-quarantine upon release; must report by phone to the probation officer within 24 hours of release
Convictions
Importation of a Controlled Substance
Case Status
Decision Made
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.
Cancer (cervical, requiring "several serious medical procedures, including removal of her uterus, removal of her gall bladder, and gastric bypass surgery"), SPMI (personality disorder), Cardiac Disease (chronic obstructive pulmonary disease (COPD), congenital heart failure, and heart disease)
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.