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Inmate is denied early release
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Posted on Mar 18 2021
The U.S. District Court for the NMI denied Wednesday the request of Leyda I. Ada to be immediately released from federal prison, saying that she does not merit early release and that she, in fact, is already due to be released to home confinement in a month.
Ada, who is serving a 27-month prison sentence at Dublin Satellite Prison Camp in California, has asked for early release from prison, saying her health condition makes her vulnerable to COVID-19.
The U.S. government, through assistant U.S. attorney Garth R. Backe, pointed out, though, that Ada only has obesity. He said Ada’s obesity is not so severe that she should be released immediately. Although the Centers for Disease Control and Prevention includes obesity on its list of underlying conditions that can make one vulnerable to COVID-19, Backe said that Ada hasn’t demonstrated that she is borderline obese, in a facility that has no inmate cases and has no inmate deaths.
“Indeed, defendant’s argument, boiled down, is that being overweight—by itself— is sufficient. However, if that was true, the vast majority of prisoners would currently be eligible for release [if obesity qualified as an extraordinary and compelling reason for a sentence reduction],” said Backe in his response to Ada’s emergency motion for modification of sentence.
Backe added that Ada is scheduled to be released to home confinement before April 14.
Ada asked for her sentence to be modified, believing that she qualifies for “compassionate release” due to her health condition. She added that the prison guards are fearful of being infected, and that inmates were “dropping like flies” and all cells were infected.
Dublin prison warden R. J. Garcia said that Ada’s concern about being potentially exposed to or possibly contracting COVID-19 “does not warrant an early release from her sentence.”
Ada was charged with conspiracy to commit money laundering and money laundering but was found guilty of perjury last April 2016.
Ada started serving her sentence shortly after the U.S. Court of Appeals for the Ninth Circuit affirmed her conviction of perjury on July 30, 2019.
