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)
DETAILS
Decision
Date
6/11/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Florida
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Release Granted
No
Compassionate Release Case
No
Case Tracking Number
1:20-cv-20298-PAS
MORE CASE INFORMATION
Court Name
S.D. Fla.
Decision
Motion Denied
Place of Incarceration
Federal Prison
Name of Facility
FCI Coleman Low
Legal Authority
§ 2255 Habeas
Legal Authority
inherent power of court
Convictions
5 Counts of Wire Fraud (Convicted 2016)
Case Status
Decision Made But Case Still Pending
Pre-Existing Health Conditions
Asthma
Pre-Existing Health Conditions Notes
Asthma, severity not mentioned in order
COVID-19 Positive or Symptomatic
No
COVID-19 in Jail Prison or Detention Center
Not Discussed
Litigation Database
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.