The 5th Cir. summarily dismissed petitioner's appeal of district court's order denying bail pending habeas. Petitioner alleged no health conditions and was convicted of continuous sexual abuse of a minor. The court held petitioner could not demonstrate a high probability of success on his ineffective assistance claim that would entitle him to release pending habeas.
Awan v. Davis, No. 20-10413, 2020 WL 2745936 (5th Cir. May 26, 2020)
DETAILS
Decision
Date
5/26/2020
Practice Area
Criminal (State Charges)
Relief Requested
Improved Conditions, Preliminary Injunction (PI), Release, Temporary Restraining Order (TRO)
Type of Court
Federal Appellate Court
Location
Texas
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Compassionate Release Exhaustion Holdingsin Federal Case
An individual can move for compassionate release after 30 days have passed from the date the application was submitted to the warden, irrespective of whether the warden has granted or denied the request., Other, Gonzalez has met the exhaustion requirement (government did not contest)
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