The court granted James Perdigao’s motion for compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A)(i) after his multiple convictions (bank and mail fraud, interstate transportation of stolen funds, money laundering, income tax evasion, filing false tax returns, obstruction of justice, unlawful computer intrusion). The court's primary rationale was that Perdigao had serious health conditions (bradycardia, atrial fibrillation, glaucoma, colitis, hypertension) which, combined with the outbreak of COVID-19, could promptly and critically threaten his health and wellbeing while incarcerated. In addition, the court, pursuant to 18 U.S.C. § 3142(g), considered that Mr. Perdiago was convicted for nonviolent crimes and that he had no prior criminal history to conclude that he was not a threat to public safety. Furthermore, the court noted that Perdigao had completed over 86% (162 out of 188 months) of his sentence and that he had limited access to quality medical care while in the custody of the Bureau of Prisons.
United States v. Perdigao, No. 07-cr-103, 2020 WL 1672322 (E.D. La. Apr. 2, 2020)
Criminal (Federal Charges)
Type of Court
Federal District Court
Type of Case
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Compassionate Release Case
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Federal Prison, United States Marshals Facility
Name of Facility
Federal Prison Camp Pollock
Bail Reform Act, Bail Pending Sentence or Appeal, 18 U.S.C. § 3143, First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A), Other, 18 U.S.C. § 3553(a)
Placement at mother’s residence in New Orleans, Louisiana; three years of supervised release
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.
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.