Bido filed a motion for bail pending the resolution of his § 2255 petition pro se. The court denied the motion because it found Bido had not raised substantial claims that were likely to succeed and because he had failed to show extraordinary circumstances that made the grant of bail necessary to make the habeas remedy effective. The court recognized the severity of the risks of COVID-19 but noted Bido did not explain why he was particularly at risk.
Bido v. United States, No. 19-cv-8388, 2020 U.S. Dist. LEXIS 93695 (S.D.N.Y. May 28, 2020)
DETAILS
Decision
Date
5/28/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Class Certification, Implementing Release Procedures, Improved Conditions, Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Location
New York
Type of Case
Individual
Case Characteristics
Elderly, Immigrant Detention, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Release Granted
No
Compassionate Release Case
No
Compassionate Release Specific Characteristics
Has a significant criminal history, Was sentenced as a Career Offender under the U.S. Sentencing Guidelines, Went to trial
Case Tracking Number
19-cv-8388-RJS
MORE CASE INFORMATION
Court Name
S.D.N.Y.
Decision
Motion Denied
Place of Incarceration
Other, Unknown
Legal Authority
Eighth Amendment - Deliberate Indifference
Legal Authority
CARES Act, Pub. L. No. 116-136, First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A), Other, § 2241 Habeas, § 2241 Habeas Exhaustion, § 2255 Bail Pending Habeas
Convictions
18 U.S.C. § 924(c)
Case Status
Decision Made But Case Still Pending
Compassionate Release Exhaustion Holdingsin Federal Case
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.