The court granted release on bond to a 74-year-old man. The argument was premised on the fact that he was elderly and was at risk for contracting COVID-19. The court also found that the facility's preparedness plan, while specific and detailed, was not enough. The court not agree with the government's argument to "wait and see" whether the virus spreads. It found the government's argument that individual was a flight risk unavailing because of travel bans.
In re: Manrique, No. 19-mj-71055-MAG-1, 2020 WL 1307109 (N.D. Cal. Mar. 19, 2020)
Criminal (Federal Charges)
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
Compassionate Release Specific Characteristics
Only served a small portion of their sentence (less than 33%)
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Name of Facility
Maguire Correctional Facility
Bail Reform Act, Bail Pending Sentence or Appeal, 18 U.S.C. § 3143, Bail Reform Act, Bail Pending Trial, 18 U.S.C. § 3142, First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A), Other, Fed. R. Crim. P. 33, Fed. R. Crim. P. 35
Release on bond; surrender passports; report to pre-trial services; fitted with GPS Device; cannot leave home unless medical appointment, legal appointment, or court appearance
Decision Made But Case Still Pending
Compassionate Release Exhaustion Holdingsin Federal Case
Exhaustion is subject to equitable exceptions.
Pre-Existing Health Conditions
Age, Asthma, Diabetes, High Cholesterol, Hypertension (high blood pressure), Obesity, Other, Tuberculosis, Complications from Stroke and Asthma, Other Unspecified Conditions
Pre-Existing Health Conditions Notes
COVID-19 Positive or Symptomatic
COVID-19 in Jail Prison or Detention Center
Organization Legal Filings Templates and Decisions
Federal Public Defender - Oakland; Federal Public Defender - San Jose; Brown, George Ross, LLP
Attorney Email Posted on Site
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.