The court granted temporary release to home confinement due to a "unique confluence of serious health issues and other risk factors" in this particular case. The individual had serious progressive lung disease and other significant health issues which created a "substantially heightened risk" of COVID-19 complications compared to most other individuals. The judge imposed extensive conditions of home confinement and intended to return the individual to pretrial detention as soon as he no longer faced the acute health risk posed by the present circumstances.
United States v. Perez, 19 Cr. 297 (PAE), 2020 WL 1329225 (S.D.N.Y. Mar. 19, 2020)
Criminal (Federal Charges)
Improved Conditions, Preliminary Injunction (PI), Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Type of Case
Immigrant Detention, Other, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail], Significant Criminal History, Sole available caretaker for family member
Compassionate Release Case
Compassionate Release Specific Characteristics
Has a significant criminal history, Was sentenced as a Career Offender under the U.S. Sentencing Guidelines, Went to trial
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Federal Detention Center [typically federal pretrial detention]
Eighth Amendment - Deliberate Indifference, Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments), Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
1) PR bond of $75,000 to be signed by defendant, his wife, and his adult son; 2) All mandatory conditions in the standard "Order Setting Conditions of Release" form; 3) Third party custodianship by the defendant's wife; 4) Home incarceration at the defendant's wife's residence. Defendant on 24-hour lockdown except for emergency medical visits. Any other leave from the residence must be approved by the court or Pretrial Services; 5) No visitors to the residence except family members; 6) Pretrial Services supervision; 7) Surrender all passports and travel documents and make no applications for new documents; 8) Drug testing as required by Pretrial Services; 9) Defendant shall not possess a firearm, destructive device, or other weapon; 10) Defendant shall not possess or use any narcotic or controlled substance unless prescribed; 11) Defendant shall have no intentional or prolonged contact with any child under 18 without prior permission from Pretrial Services and then only in the presence of an adult chaperone family member approved by Pretrial Services; 12) Defendant shall not view, purchase, or distribute child pornography; 13) Defendant shall have no access to the internet or any internet enabled devices. Defendant shall only use a "flip" phone; 14) The court intends to terminate temporary release and return defendant to detention as soon as the defendant does not face the acute health risk posed by present circumstances.
Decision Made But Case Still Pending
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., Exhaustion is subject to equitable exceptions.
"serious progressive lung disease and other significant health issues"
COVID-19 Positive or Symptomatic
(Attempted inducement of a minor to engage in sexual activity) 18 USC §§ 2422(b); 2
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.