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)
DETAILS
Decision
Date
4/2/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Louisiana
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
07-cr-103
MORE CASE INFORMATION
Court Name
E.D. La.
Decision
Motion Granted
Place of Incarceration
Federal Prison, United States Marshals Facility
Name of Facility
Federal Prison Camp Pollock
Legal Authority
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)
Release Conditions
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.
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