Pina filed for compassionate release, but the court ruled that he had not exhausted his administrative remedies before filing. The court also reasoned that although Pina mentioned some circumstances that may provide grounds for relief, such as the death of his daughter's mother, Pina did not clearly establish facts that could support a finding of extraordinary and compelling circumstances warranting a sentence reduction. Specifically, Pina did not indicate his daughter's age, what role he played in her care prior to his imprisonment, and whether other caregivers are available to care for her. Pina also did not present facts about his own medical history, thus his motion is denied without prejudice.
United States v. Pina, No. 01 CR 619 (VM), 2020 WL 6075526 (S.D.N.Y. Oct. 15, 2020)
Criminal (Federal Charges)
Type of Court
Federal District Court
Type of Case
Post-Conviction Detention [jail or prison]
Compassionate Release Case
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Name of Facility
Moshannon Valley Correctional Institute
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A)
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.
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.