Court granted Indicative Ruling, requesting that a case be remanded from the First Circuit on the grounds that the district court would grant motion for compassionate release due to individual's age (70) and the probability COVID-19 would spread at FMC Devens. Defendant, convicted of defrauding of the United States, was re-sentenced to 7 months time served on his 32-month sentence and 25 months home confinement, pending a second negative COVID-test on remand. Court did not require quarantine in the facility, since: "Quarantine would require Pena to stay in solitary confinement for 14 more days, which would be more punitive than helpful, as it would continue to put Pena at risk of being infected by staff or other inmates." Id. at 24.
United States v. Pena, No. 16-CR-10236 (MLW), 2020 WL 2798259 (D. Mass. May 29, 2020)
Criminal (Federal Charges)
Other, Release, Release, Remand to District Court (for release)
Type of Court
Federal District Court
Type of Case
Elderly, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail]
Compassionate Release Case
Compassionate Release Specific Characteristics
Only served a small portion of their sentence (less than 33%)
March 26, 2020 Memorandum by Attorney General Prioritizing Transfers to Home Confinement
Indicative Ruling; Home Confinement until Jan. 26, 2022.
Defrauding the United States of $2,500,000
Decision Made But Case Still Pending
Compassionate Release Exhaustion Holdingsin Federal Case
Exhaustion is subject to equitable exceptions., Other, The parties agreed at the May 6, 2020 hearing that the 30-day exhaustion requirement is not an impediment to the court’s deciding the pending merits of the Motion.
Pre-Existing Health Conditions
Age, Asthma, Cancer, Cardiac Disease, Diabetes, High Cholesterol, Hypertension (high blood pressure), Lung Disease, Medication-Related Immunocompromise, Other, Liver transplant following end-stage liver disease; prior hospitalization for bowel obstruction; degenerative disk disease
Pre-Existing Health Conditions Notes
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.