The court denied 18 U.S.C. § 3142 motion for revocation of detention order for defendant charged with possession with intent to distribute, despite his high COVID-risk status due to his asthma. The court found that the original grounds fo detention (his involvement in similar criminal activity, that drug traffickers pose special flight risks, and seriousness of his charges) weighed against release. The court also found his release plan (to the custody of his father and stepmother, who had a minor daughter) did not appear to be in the best interest of the family and would possibly increase the COVID risk to the community. While his asthma may increase risk, the court found it appeared to be under control, and speculation about his health conditions did not constitute a compelling reason for temporary release.
United States v. Andrewsh, No. 19-MJ-87 (JFS), 2020 WL 1904473 (M.D. Pa. April 17, 2020).
DETAILS
Decision
Date
4/17/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Pennsylvania
Type of Case
Individual
Case Characteristics
Elderly, Parole or Probation Violations, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail], Significant Criminal History
Release Granted
Yes
Compassionate Release Case
No
Compassionate Release Specific Characteristics
Only served a small portion of their sentence (less than 33%)
Possession with intent to distribute methamphetamine, 21 U.S.C. § 842(a)(1).
COVID-19 in Jail Prison or Detention Center
Yes
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.