The court denied Mr. Rosa's petition for compassionate release. Mr. Rosa is 60 years old and suffers from asthma, hypertension, and "a variety of other maladies," but the court found that all these conditions seem to be either resolved or well-treated, so Mr. Rosa did not carry his burden of demonstrating compelling circumstances for release. Even if he had, the court concluded that his prior criminal history and disciplinary record suggested that he would be a danger to the community.
United States v. Rosa, No. 88 Cr. 111 (LAP), 2020 WL 5774909 (S.D.N.Y. Sept. 28, 2020)
DETAILS
Decision
Date
09/28/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
New York
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Significant Criminal History
Release Granted
No
Compassionate Release Case
Yes
Case Tracking Number
1:88-cr-00111-PNL
MORE CASE INFORMATION
Court Name
S.D.N.Y.
Decision
Motion Denied
Legal Authority
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Convictions
one count of conspiracy to possession with intent to distribute at least 100 g of heroin (SDNY); conspiracy to distribute heroin and cocaine hydrochloride (M.D. Fla.); conspiracy to import heroin and cocaine hydrochloride (M.D. Fla.)
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