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)
DETAILS
Decision
Date
3/19/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release, Vacatur
Type of Court
Federal District Court
Location
California
Type of Case
Individual
Case Characteristics
Elderly, Immigrant Detention, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail]
Release Granted
Yes
Compassionate Release Case
No
Compassionate Release Specific Characteristics
Only served a small portion of their sentence (less than 33%)
Case Tracking Number
19-mj-71055-TSH
MORE CASE INFORMATION
Court Name
N.D. Cal.
Decision
Motion Granted
Place of Incarceration
Immigrant Detention
Name of Facility
Maguire Correctional Facility
Legal Authority
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 Conditions
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
Case Status
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
Age: 74
COVID-19 Positive or Symptomatic
No
COVID-19 in Jail Prison or Detention Center
No
Organization Legal Filings Templates and Decisions
Federal Public Defender - Oakland; Federal Public Defender - San Jose; Brown, George Ross, LLP
Attorney Email Posted on Site
No
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.