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)
Criminal (Federal Charges)
Bond Hearing, Class Certification, Implementing Release Procedures, Improved Conditions, Preliminary Injunction (PI), Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Type of Case
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail]
Compassionate Release Case
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Federal Detention Center [typically federal pretrial detention]
Name of Facility
Metropolitan Detention Center Brooklyn
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.
Pleaded guilty to kidnapping and conspiracy.
Compassionate Release Exhaustion Holdingsin Federal Case
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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