The court granted Sawicz’s motion for compassionate release due to his hypertension and the fact that the prison he was incarcerated in, FCI Danbury, had significant levels of infection. The court granted the motion even though he had once violated the conditions of a term of supervised release by possessing child pornography. The court also considered the fact that Sawicz would be eligible for home confinement in only 5 more months.
United States v. Sawicz, No. 1:08-cr-00287-ARR, 2020 U.S. Dist. LEXIS 64418 (E.D.N.Y. Apr. 10, 2020)
DETAILS
Decision
Date
4/10/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
New York
Type of Case
Individual
Case Characteristics
Parole or Probation Violations, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Release Granted
Yes
Compassionate Release Case
Yes
Case Tracking Number
1:08-cr-00287-ARR
MORE CASE INFORMATION
Court Name
E.D.N.Y.
Decision
Motion Granted
Place of Incarceration
Federal Prison
Name of Facility
FCI Danbury
Legal Authority
CARES Act, Pub. L. No. 116-136, First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Convictions
Possession of child pornography
Case Status
Decision Made
Compassionate Release Exhaustion Holdingsin Federal Case
Exhaustion is subject to equitable exceptions.
Pre-Existing Health Conditions
Hypertension (high blood pressure)
COVID-19 Positive or Symptomatic
No
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.
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