The court granted the motion for compassionate release. Mr. Perez had suffered injuries on two different occasions while in BOP custody, was not receiving the aftercare that he needed, and was in constant pain. BOP did not object to Perez’s release, but argued that he should exhaust administrative remedies. The court held that all three exceptions to exhaustion apply to Perez’s application: “[U]ndue delay, if it in fact results in catastrophic health consequences, could make exhaustion futile. Moreover, the relief the agency might provide could, because of undue delay, become inadequate. Finally, and obviously, [Perez] could be unduly prejudiced by such delay.” The court also held that Perez met the extraordinary and compelling reasons outlined in U.S.S.G. § 1B1.13 cmt. 1(D). “The benefits of keeping him in prison for the remainder of his sentence (17 days at the time of the decision) are minimal, and the potential consequences of doing so are extraordinarily grave.”
United States v. Perez, __ F. Supp. 3d __, 2020 WL 1546422 (S.D.N.Y. Apr. 1, 2020)
DETAILS
Decision
Date
4/1/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Bond Hearing, Class Certification, Implementing Release Procedures, Improved Conditions, Preliminary Injunction (PI), Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Location
New York
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail]
Release Granted
Yes
Compassionate Release Case
Yes
Case Tracking Number
17-cr-513-3-AT
MORE CASE INFORMATION
Court Name
S.D.N.Y.
Decision
Motion Granted
Place of Incarceration
Federal Detention Center [typically federal pretrial detention]
Name of Facility
Metropolitan Detention Center Brooklyn
Legal Authority
Eighth Amendment - Deliberate Indifference, Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments)
Sentence reduced to time served (only 17 days remained on sentence at the time the motion was granted); and immediate release so that he could begin the two years of supervised release portion of sentence.
Convictions
Pleaded guilty to kidnapping and conspiracy.
Case Status
Decision Made
Compassionate Release Exhaustion Holdingsin Federal Case
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