The court rejected a plea agreement that included a waiver of the individual’s right to bring a motion for compassionate release. These waivers were routinely included in plea agreements in broad form and the court found that this made it impossible for the courts to analyze the merits of these motions on a case by case basis as Congress intended. The court went on to assert that “[i]t is unacceptable for the United States Attorneys’ Office to use its favorable position at the plea-bargaining table to abrogate a role Congress designated for the courts.” Id. at 5.
United States v. Sembrano, No. 19-cr-00651-CRB-1, 2020 U.S. Dist. LEXIS 93449 (N.D. Cal. May 28, 2020)
DETAILS
Decision
Date
5/28/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Class Certification, Implementing Release Procedures, Other, Release, Plea Agreement
Type of Court
Federal District Court
Location
California
Type of Case
Individual
Case Characteristics
Immigrant Detention, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail], Significant Criminal History
Compassionate Release Case
Yes
Case Tracking Number
19-cr-00651-CRB
MORE CASE INFORMATION
Court Name
N.D. Cal.
Decision
Motion Denied
Place of Incarceration
Federal Prison
Legal Authority
Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments)
Legal Authority
Bail Reform Act, Bail Pending Trial, 18 U.S.C. § 3142, First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A), Other, § 2241 Habeas, Fed. R. App. P. 23(d)
Case Status
Decision Made But Case Still Pending
Compassionate Release Exhaustion Holdingsin Federal Case
Other, Exhaustion is not subject to equitable exceptions
Pre-Existing Health Conditions
Asthma, Other, Psoriasis
COVID-19 Positive or Symptomatic
Not discussed
COVID-19 in Jail Prison or Detention Center
Not Discussed
Litigation Database
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