Poor prison medical care leads to release (2021)

In March 2021, a federal judge granted compassionate release to Luis Nieves-Feliciano. The court pointed to his health conditions, his risk from COVID-19, and the poor medical care he received in Bureau of Prisons (BOP) custody.

V. Crim. Luis Nieves Feliciano, 2021 U.S. Dist. LEXIS 59314

His request

Luis Nieves-Feliciano was in prison for possession with intent to distribute cocaine and unlawful possession of a firearm by a felon. He had served 60 percent of his expected time and was scheduled for release to home confinement on August 19, 2022.

He filed a motion asking to serve the rest of his 46 months on home confinement. He pointed to the COVID-19 pandemic, his medical conditions, and the inadequate medical care he had received in BOP custody.

Nieves-Feliciano argued that his health problems, including obesity, an unspecified circulatory system disorder, and high liver enzyme levels, together with poor care in prison, were extraordinary and compelling reasons for release.

He was in prison for two nonviolent offenses and had a spotless disciplinary record. Nieves-Feliciano also testified that COVID-19 restrictions forced him to spend 23 hours a day alone in his cell. The government did not dispute this.

Why the judge said yes

The court agreed that his medical conditions put him at risk of severe illness from COVID-19. It also noted that his medical complaints had gone unresolved and untreated, and it granted him compassionate release.

The court also pointed to his clean disciplinary record, the fact that he had served over 60 percent of his sentence, and that once released he would control his own medical care, including treatment for anxiety.

Nieves-Feliciano was released to live with his wife. He will serve the first six months in home incarceration, followed by six months of home detention with electronic location monitoring.

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