The court granted bail pending post-conviction habeas corpus review under a Third Circuit test articulated in Douglas v. United States (C.D. Ill. Dec. 11, 2006). Bail is granted only “when the petitioner has raised substantial constitutional claims upon which he has a high probability of success” and “extraordinary or exceptional circumstances exist which make the grant of bail necessary to make the habeas remedy effective.” Because Petitioner has a supportive mother, completed GED and substance abuse courses, and had only one recent infraction in the prison, the court held that he was not a danger to society if released and granted his habeas petition.
Jordan v. United States, No. 15-02294, 2016 WL 6634854 (C.D. Ill. Nov. 6, 2016)
DETAILS
Decision
Date
11/09/2016
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Illinois
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison]
Release Granted
Yes
Compassionate Release Case
No
Case Tracking Number
2:15-cv-02294-SEM
MORE CASE INFORMATION
Court Name
C.D. Ill.
Decision
Motion Granted
Place of Incarceration
Federal Prison
Legal Authority
Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
Legal Authority
§ 2255 Habeas
Release Conditions
Court released petitioner on recognizance bond pending the resolution of his amended § 2255 motion
Case Status
Decision Made
COVID-19 Positive or Symptomatic
No
Charges
One count of distributing more than five grams of a substance containing crack cocaine, a violation of 21 U.S.C. § 841(a)(1) and 21 U.S.C. § 841(b)(1)(B)
COVID-19 in Jail Prison or Detention Center
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.