U.S. v. Torres-Campaz (M.D. Fla.) - Compassionate Release Denied - Failure to Exhaust
Petitioner moved for compassionate release, citing health conditions (including asthma, hypertension, and allergic rhinitis) and family circumstances (that his wife, the sole caregiver for his children, had become "incapacitated" due to her being diagnosed with bipolar disorder). The court denied petitioner's motion because petitioner's health conditions did not place the petitioner at high risk, even with the COVID-19 pandemic, and because there was no evidence to support the argument that his wife was incapacitated. Lastly, the court found that petitioner had failed to exhaust administrative remedies because the petitioner failed to raise medical conditions/COVID conditions with the Warden in his original request.
United States v. Torres-Campaz, No. 8:16-cr-457-T-27CPT, 2020 U.S. Dist. LEXIS 170002 (M.D. Fla. Sept. 17, 2020)
DETAILS
Decision
Date
09/17/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Florida
Type of Case
Individual
Case Characteristics
Pre-Existing Health Conditions
Release Granted
No
Compassionate Release Case
Yes
Case Tracking Number
8:16-cr-457-T-27CPT
MORE CASE INFORMATION
Court Name
M.D. Fla.
Decision
Motion Denied
Place of Incarceration
Federal Prison
Name of Facility
FCI Coleman Low
Legal Authority
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Convictions
Conspiracy to possess with intent to distribute five (5) kilograms or more of cocaine while on board a vessel subject to the jurisdiction of the United States.
Case Status
Decision Made
Compassionate Release Exhaustion Holdingsin Federal Case
An individual can move for compassionate release after 30 days have passed from the date the application was submitted to the warden, irrespective of whether the warden has granted or denied the request.
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.
This resource is designed to help lawyers, advocates, researchers, journalists, and others interested in challenging, remedying, or drawing attention to the grave risk that Covid-19 poses to individuals who are detained.