The Court granted release on the grounds that the Defendant had served over twenty-four years behind bars for nonviolent charges and was a first-time offender. Defendant is 76 with multiple health conditions, including hypertension, diabetes, and a kidney disease.
United States v. Sanchez, No. 1:95-cr-00421-MGC, Dkt. 290 (S.D. Fla. April 27, 2020)
DETAILS
Decision
Date
4/27/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Class Certification, Preliminary Injunction (PI), Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Location
Florida
Type of Case
Individual
Case Characteristics
Elderly, Immigrant Detention, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Release Granted
Yes
Compassionate Release Case
Yes
Compassionate Release Specific Characteristics
Only served a small portion of their sentence (less than 33%)
Case Tracking Number
95-00421-CR
MORE CASE INFORMATION
Court Name
S.D. Fla.
Decision
Motion Granted
Place of Incarceration
Federal Prison
Legal Authority
Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments), Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
Legal Authority
Bail Reform Act, Bail Pending Sentence or Appeal, 18 U.S.C. § 3143, First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A), Other, § 2241 Habeas, U.S.S.G. § 1B1.13
Release Conditions
Sentence reduced to time served, all other conditions of sentence remain
Convictions
Conspiracy to import marijuana, Importation of marijuana, conspiracy to possess with intent to distribute marijuana, Attempted possession of marijuana with intent to distribute
Case Status
Decision Made
Compassionate Release Exhaustion Holdingsin Federal Case
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