Granted release on bond pending sentencing for Defendant who had pled guilty to conspiracy to possess with intent to distribute controlled substances. Although Defendant was required to be detained pending sentencing under the Mandatory Detention Act of 1990, the court found that Defendant fell within a "generalized exception" to the MDA, as he did not pose a threat to the community and his COVID-risk health conditions provided exceptional reasons favoring release. Defendant had several serious health conditions, including hypertension, gout, diabetes, and obesity (BMI of 37.3). Court ordered release even though it "acknowledges that the Spartanburg County Detention Center ("SCDC") appears to be taking this pandemic seriously and is enacting some protocols to prevent Defendant and other inmates from contracting the virus."
Post-plea, pre-sentencing individual requested that his bond hearing be reopened under § 3142. The court held: (1) while § 3142 was not the correct statute, even if it did apply, there was not a "compelling reason" for to reopen detention and release under § 3142; and (2) under § 3143, individual was a danger to the community.
United States v. Childs, No. 2_18-cr-00069, Dkt. No. 71 (E.D. Wis. May. 29, 2020)
Criminal (Federal Charges)
Preliminary Injunction (PI), Release
Type of Court
Federal District Court
Type of Case
Elderly, Immigrant Detention, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail]
Compassionate Release Case
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Local / County Jail
Name of Facility
Procedural Due Process (both 14th and 5th Amendments), Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
The Court disagreed with Defendant and did not find that there was sufficient evidence of asthma, and even if present, it was not "severe".
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.