The court granted Ms. Terraciano's motion for compassionate release, finding that she established extraordinary and compelling reasons justifying release. The conditions in FCI Victorville, where Ms. Terraciano lived in a congregate setting, did not allow for proper social distancing and presented a high risk of coronavirus infection to inmates. Additionally, Ms. Terraciano's health conditions, including hypertension, hepatitis C, and a history of smoking, increased the risk that she would suffer a more severe case of COVID-19 if she were to contract the virus. Lastly, the court concluded that the sentencing factors weighed in Terraciano's favor; although her conviction for bribery was a serious offense, her involvement stemmed from financial desperation rather than greed, and she had no other criminal record or record of discipline since incarceration, making a repeat offense unlikely.
United States v. Terraciano, No. 2:17-CR-00187-KJM-2, 2020 WL 5878284 (E.D. Cal. Oct. 2, 2020)
DETAILS
Decision
Date
10/02/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
California
Type of Case
Individual
Case Characteristics
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
2:17-cr-00187-KJM
MORE CASE INFORMATION
Court Name
E.D. Cal.
Decision
Motion Granted
Place of Incarceration
Federal Prison
Name of Facility
FCI Victorville
Legal Authority
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Release Conditions
modified sentence to time served, followed by the term of supervised release previously imposed; added special condition that for 6 months, defendant be subject to home confinement, defendant bearing the attendant cost of location monitoring; order is stayed for up to fourteen days to allow for the making of appropriate travel arrangements and ensure defendant's safe return; defendant shall be released as soon as appropriate travel arrangement are made and it is safe for defendant to travel home; if more than fourteen days are needed, then the parties shall notify the court and show cause why the stay should be extended; she must self-isolate for fourteen days in her sister's home once she arrives there
Convictions
one single count of conspiracy to commit bribery, identity fraud, and unauthorized access to a computer
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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