The court granted Rivera's release back to Puerto Rico, where he agreed to be supervised by the Probation Office for the District of Puerto Rico. The court found Rivera's health conditions (diabetes, morbid obesity, high cholesterol), the fact that he had served most of his sentence, his lack of criminal history, and the prevalence of COVID-19 at FMC Devens convincing in granting compassionate release. The court determined that Rivera's release from custody would not endanger any person or the community at large.
United States v. Rivera, No. 3:13-cr-00071, 2020 WL 3186539 (D. Conn. June 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
Federal Medical Center Devens (Devens, MA)
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
One count of Conspiracy to Distribute, and to Possess with Intent to Distribute 500 grams or more of cocaine, in violation of 21 U.S.C. §§ 846, 841(a)(1) and (b)(1)(B)
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
Diabetes, High Cholesterol, Obesity, Other, Gilbert's Syndrome
Pre-Existing Health Conditions Notes
Type 2 Diabetes (relatively controlled with two medications), morbid obesity, high cholesterol, Gilbert's syndrome
COVID-19 Positive or Symptomatic
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.