Petitioner had severe pre-existing health conditions (inter alia morbid obesity, confinement to a wheelchair, hypertension, type-II diabetes, and hyperlipidemia). Indeed the government conceded that the petitioner was at an increased risk of COVID complications given his severe pre-existing conditions. Still, the court denied petitioner's motion for compassionate release because of the other 3553(a) factors: the court found petitioner to be a danger to the community (because of the seriousness of the drug conviction) and held that releasing petitioner early (33% into his sentence) was not commensurate with the seriousness of his conviction.
U.S. v. Zamora, No. CR 2:12-418-7(S), 2020 WL 6075675 (S.D. Tex. Oct. 15, 2020)
DETAILS
Decision
Date
10/15/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Texas
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Significant Criminal History
Release Granted
No
Compassionate Release Case
Yes
Case Tracking Number
2:12-cr-00418
MORE CASE INFORMATION
Court Name
S.D. Tex.
Decision
Motion Denied
Place of Incarceration
Federal Prison
Name of Facility
FCI Big Spring
Legal Authority
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Convictions
Drug distribution conspiracy with amount in excess of 30,000 kg (of marijuana). Served 33% of 292 month sentence.
Age (59); Diabetes (Type 2); Morbidly obese; Severe pre-existing conditions ("He is bound to a wheelchair and unable to walk or stand for any length of time, but he can use his legs and feet to move the wheelchair")
COVID-19 Positive or Symptomatic
No
COVID-19 in Jail Prison or Detention Center
Not Discussed
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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