U.S. v. Riccardi (D. Kan.) - Compassionate Release Grant - CDC Risk Category
The court granted a motion for compassionate release of this 60 year old male who suffers from diabetes and high blood pressure. As 30 days have passed since the individual requested relief from the warden of his facility, the court found that he has exhausted his administrative remedies. Due to his underlying conditions, which increase the risk of complications from COVID-19, and the recent outbreak in the facility where he is confined, which suggests that the BOP’s preventative measures have been unsuccessful, the court found that extraordinary and compelling reasons exist to reduce his sentence to effect release. The court further found that “the nature of the defendant’s offense is serious but the seriousness of that offense was reflected in the sentence that he received and has nearly completed,” such that the individual would not be a danger to the safety of others in the community.
United States v. Riccardi, 02-cr-20060-JWL, 2020 WL 4260636 (D. Kan. Jul. 24, 2020)
DETAILS
Decision
Date
07/24/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Kansas
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Release Granted
Yes
Compassionate Release Case
Yes
Compassionate Release Specific Characteristics
Went to trial
Case Tracking Number
2:02-cr-20060-JWL
MORE CASE INFORMATION
Court Name
D. Kan.
Decision
Motion Granted
Place of Incarceration
Federal Prison
Name of Facility
FCI Coleman Low
Legal Authority
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Legal Authority
U.S.S.G. § 1B1.13
Release Conditions
Supervised Release; Reside in a residential reentry center for a term of up to 60 days in the prerelease component allowing for work release; Submit person, property, house, residence, vehicle, papers, computers, other electronic communicators or data storage devices or media, or office, to a search conducted by a United States Probation Officer; Warn other occupants that the premises may be subject to searches pursuant to this condition; Access to computer and internet services for legitimate and necessary purposes with compliance with the policies of the United States Probation Office's Computer and Internet Monitoring Program, restricting Internet usage, possession and use of electronic, cellular, gaming, and Internet appliance devices, as well as possession and use of computer hardware and software, encryption hardware or software, and accessing certain types of web sites to include social networking, chat rooms, and those depicting sexually explicit conduct or pornographic material; Subject to computer monitoring and will provide the United States Probation Office with a complete inventory of all electronic and Internet capable devices, user account information as well as password(s), allowing the probation officer to conduct initial and periodic unannounced searches of any computers subject to computer monitoring; Pay the cost of Internet monitoring.
Convictions
Two counts of possession of child pornography and two counts of use of an instrumentality of interstate commerce to entice a minor to engage in a prohibited sex act
Case Status
Decision Made
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.
Pre-Existing Health Conditions
Age, Diabetes, Hypertension (high blood pressure)
Pre-Existing Health Conditions Notes
Age (60); Diabetes (type unspecified)
COVID-19 Positive or Symptomatic
Not Discussed
COVID-19 in Jail Prison or Detention Center
Yes
Litigation Database
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.