The court affirmed a magistrate's ruling to deny the petitioner bond during the pendency of his Motion to Vacate pursuant to 28 U.S. § 2255. The court did not address the petitioner's contentions that he is likely to succeed on the (not Covid-19-related) constitutional claims raised, or that he has been "a model prisoner." The court instead ruled that the petitioner's higher risk of Covid-19 did not constitute "extraordinary and exceptional circumstances" warranting bond, "since the Movant is under 40" and "has not established that his asthma condition alone makes him susceptible to an unreasonable risk of contracting the virus." The court further noted that the remedy for unconstitutional prison conditions is "a discontinuance of the improper practice" not a release from custody under habeas corpus law.
Alcocer-Roa v. United States, No. 20-cv-20298-PAS, Dkt. No. 79 (S.D. Fla. June 11, 2020)
Criminal (Federal Charges)
Type of Court
Federal District Court
Type of Case
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Compassionate Release Case
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Name of Facility
FCI Coleman Low
§ 2255 Habeas
inherent power of court
5 Counts of Wire Fraud (Convicted 2016)
Decision Made But Case Still Pending
Pre-Existing Health Conditions
Pre-Existing Health Conditions Notes
Asthma, severity not mentioned in order
COVID-19 Positive or Symptomatic
COVID-19 in Jail Prison or Detention Center
Crowdsourced legal documents from around the country related to COVID-19 and incarceration, organized, collected, and summarized for public defenders, litigators, and other advocates. Created and managed by Bronx Defenders, Columbia Law School’s Center for Institutional and Social Change, UCLA Law COVID-19 Behind Bars Data Project, and Zealous. Mostly federal court opinions, but now expanding to states and legal filings, declarations, and exhibits.
This resource is designed to help lawyers, advocates, researchers, journalists, and others interested in challenging, remedying, or drawing attention to the grave risk that Covid-19 poses to individuals who are detained.