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United States v. Hernandez-Solarte
1:18-cr-00262
S.D.N.Y.
May 12, 2023
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Background:

  • Defendant Vincent Schifano moved for compassionate release under 18 U.S.C. § 3582(c); the Government did not oppose and provided medical and disciplinary records.
  • Schifano has exhausted administrative remedies required by the statute.
  • He suffers from terminal metastatic bladder cancer, with physicians estimating a high mortality risk within six months; he is hospitalized and transitioning to inpatient hospice care.
  • He has additional medical issues (UTIs with altered mental status, obesity, hypertension, hyperlipidemia, cellulitis) and is described as sick, weak, disoriented, and bedridden.
  • Schifano has served about five years of a 108-month sentence for laundering millions for violent organizations (FARC and the Sinaloa Cartel) and has been a model prisoner with no recent disciplinary problems.
  • The Court found that the U.S. Sentencing Commission’s Medical Condition Note supports release, that the 3553(a) factors do not outweigh compassionate release, and that Schifano poses no danger to the community; Age-based Note 1(B) was inapplicable because he had not served 75% of his term.

Issues:

Issue Plaintiff's Argument Defendant's Argument Held
Whether extraordinary and compelling reasons exist for compassionate release Schifano: terminal metastatic bladder cancer, imminent high mortality risk; hospice care recommended Gov't: did not oppose release Granted — Court finds Medical Condition Note satisfied by terminal illness
Whether release is consistent with 18 U.S.C. § 3553(a) factors Schifano: having served ~5 years, model prisoner, minimal remaining quality of life — time served is sufficient punishment Gov't: no opposition; acknowledged seriousness of offense Granted — Court held 3553(a) factors do not outweigh release
Whether release would pose a danger to the community Schifano: incapacitated, bedridden, not a danger Gov't: no opposition Granted — Court found no danger to the community
Applicability of USSC Age-based Note 1(B) as alternative ground Schifano: (not relied on) Gov't/Court: he has not served 75% of his term, so Age Note factors not met Not met — Age-based Note inapplicable

Key Cases Cited

  • United States v. Brooker, 976 F.3d 228 (2d Cir. 2020) (district courts may define what qualifies as "extraordinary and compelling" beyond the Sentencing Commission’s policy statement)
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Case Details

Case Name: United States v. Hernandez-Solarte
Court Name: District Court, S.D. New York
Date Published: May 12, 2023
Citation: 1:18-cr-00262
Docket Number: 1:18-cr-00262
Court Abbreviation: S.D.N.Y.