Court denies pregnant inmate’s bid for compassionate release

The U.S. District Court for the NMI has denied a pregnant inmate’s motion for compassionate release after determining that she has not demonstrated “compelling reasons” that will qualify her to be released early.

U.S. District Court for the NMI Chief Judge Ramona V. Manglona denied last Friday, May 6, Vickilyn Manglona Teregeyo’s motion for compassionate release, citing her history of drug use. Teregeyo is eight months pregnant and is due to give birth on May 12.

“The court is mindful of the impacts of separating babies from their mothers, and a decision to do so is not done lightly. But the court finds that defendant has not demonstrated extraordinary and compelling reasons for compassionate release, and that her history with methamphetamine use rather demonstrates that she poses a danger to the safety of her soon-to-be-born baby. For the foregoing reasons, Teregeyo’s motion for compassionate release is denied,” states Manglona’s decision.

Manglona stated that she is unpersuaded by Teregeyo’s argument on the need to bond with the baby, “given her history of testing positive for methamphetamine while pregnant and even after giving birth—in complete disregard for the safety for her unborn and newly-born children.”

Teregeyo, who is currently serving a three-month sentence, asked the court last April 19 for compassionate release, with her lawyer stating that “there is no nursery or mother-infant program, such as the one the [federal] Bureau of Prisons provides its expecting inmates. Without compassionate release, she will be separated from her newborn almost immediately after she gives birth, and mother and newborn will have no contact during the first several weeks of the newborn’s life.”

Teregeyo also wants to serve her three months of home confinement first, then report back to the Department of Corrections to serve the remainder of her prison sentence. 

“This release will allow her to deliver her baby while outside of prison and bond with her newborn,” said Richard Miller, Teregeyo’s lawyer.

Teregeyo further argued that “COVID-19 warrants compassionate release, as her pregnancy places her at an increased risk of severe illness from COVID-19 for at least 42 days following the end of pregnancy, as well as her substance abuse disorder.” 

The U.S. Attorney’s Office had opposed Teregeyo’s request due to the court having already considered Teregeyo’s reasons as grounds for compassionate release when it sentenced her to three months imprisonment followed by three months home confinement at a revocation hearing last March 25.

“Since that revocation hearing, there have been no substantial changes to defendant’s circumstances, besides the fact that defendant is closer to her pregnancy due date. Indeed, defendant is actually now in a worse position to request compassionate release because the laboratory analysis of defendant’s urine sample taken at her revocation hearing on March 25, 2022, confirmed she had methamphetamine in her system and methamphetamine was found inside her jail cell on March 27, 2022,” said assistant U.S. Attorney Garth Backe. 

On March 26, 2021, the court revoked Teregeyo’s “term of supervised release and sentenced her to three months of imprisonment followed by 33 months of supervised release given her numerous instances of testing positive for methamphetamine in violation of her conditions of supervised release.” 

On May 24, 2019, Teregeyo was sentenced to time served for her drug conviction followed by three years of supervised release. Teregeyo was ordered not to unlawfully possess or use a controlled substance. 

Teregeyo was first indicted by the grand jury on April 11, 2018, in the District Court of Guam for two counts of drug use in possession of firearms and ammunition and pleaded guilty to June 27, 2018.