The court granted Vo Duong Tran compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A), holding that he exhausted all possible avenues for administrative release and presented an extraordinary and compelling reason for compassionate release. First, the court noted that Tran submitted a request for release to the Warden, which was declined, thus satisfying the exhaustion requirement. Furthermore, the court found that Tran’s lifelong asthma and the widespread COVID-19 in FCI Oakdale (six individuals dead after testing positive for the virus and at least 56 other inmates and staff tested positive) made him particularly vulnerable to severe illness, thus providing him with extraordinary and compelling reason for release. Lastly, the court considered the § 3553(a) factors—namely, the fact that Tran had already served the vast majority of his 15-year sentence and that he had a criminal history category of 1—to conclude that he would not pose a threat to the community.
United States v. Tran, No. CR 08-00197, 2020 WL 1820520 (C.D. Cal. Apr. 10, 2020)
DETAILS
Decision
Date
4/10/2020
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
Has a significant criminal history
Case Tracking Number
8:08-cr-00197-DOC
MORE CASE INFORMATION
Court Name
C.D. Cal.
Decision
Motion Granted
Place of Incarceration
Federal Prison
Name of Facility
FCI Oakdale
Legal Authority
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Release Conditions
Self-quarantine at either a family home in San Gabriel, California or a family home in Joliet, Illinois—two locations where family members have already offered to house the individual—for at least 14 days
Convictions
Conspiracy to commit a robbery affecting interstate commerce (18 U.S.C. § 1951(a)); interstate travel and acquisition of a firearm with intent to commit a robbery (18 U.S.C. § 924(g)); possession of firearms in furtherance of a “crime of violence”; possession of a machine gun (18 U.S.C. § 922(o)(1))
Case Status
Decision Made
Pre-Existing Health Conditions
Asthma
Pre-Existing Health Conditions Notes
Asthma (lifelong condition)
COVID-19 Positive or Symptomatic
Not discussed
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.
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.