HIV Compassionate Release Example

April 6, 2021

HIV Grants Compassionate Release

United States v. Fernandez

2021 U.S. Dist. LEXIS 65017

HIV positive Covid survivor granted compassionate release

Victor Alejandro Fernandez was convicted of one count each of Conspiracy to Commit Wire Fraud, Computer Hacking in violation, and Aggravated Identity Theft. He was sentenced to a term of imprisonment totaling 129 months. This will be followed by a total of 5 years of supervised release. Fernandez has served approximately 86 months, or two-thirds of his sentence, not accounting for any good time credits.

Fernandez has type II diabetes and is HIV positive. Last July, he was hospitalized with COVID-19 for six days and experienced difficulty breathing and low oxygen levels. Following his hospitalization, Fernandez was diagnosed with hypertension and continues to experience

chest pain and high blood pressure despite medication. While he is receiving treatment for his hypertension, the court does acknowledge that it is still not under control at this point. All of these factors combined render him highly vulnerable to severe illness or death were he to become reinfected with Covid-19.

Ultimately, the court decided that a sentence reduction would not pose an undue risk to public safety and that with Fernandez placed in home confinement, he would be well protected from Covid-19 and be set up on a path towards rehabilitation (HIV Compassionate Release).