The court denied the detained individual's request for release from pretrial detention under § 3142 of the Bail Reform Act. The individual was charged with conspiracy to distribute cocaine, heroin, and fentanyl and had prior convictions for drug distribution and being a felon in possession of a firearm. The individual also had stable and intermittent asthma. The court denied his request for release because he "had failed to rebut the presumption of detention . . . that no condition or combination of conditions could reasonably assure the safety of the community should defendant be released" given that he had "six prior violations of supervised release, violating in all but one of his convictions, and was on supervised release at the time of the instant alleged offense." The court also found that his asthma was not serious enough to warrant his release, noting that while detention in general presents an elevated risk of infection, "CDF has taken a comprehensive set of precautionary measures to protect its staff and its residents" and "reports [only] one positive case among its detainees."
United States v. Blackston, No. 19-cr-00286-ELH-3, 2020 U.S. Dist. LEXIS 109779 (D. Md. June 23, 2020)
DETAILS
Decision
Date
6/23/2020
Practice Area
Criminal (State Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Maryland
Type of Case
Individual
Case Characteristics
Parole or Probation Violations, Pre-Existing Health Conditions, Pretrial Detention [jail], Significant Criminal History
Prior weapons conviction for having a handgun on his person; two prior felony drug distribution convictions; six violations of supervised release
Case Status
Decision Made
Pre-Existing Health Conditions
Asthma
Pre-Existing Health Conditions Notes
Stable and intermittent asthma
COVID-19 Positive or Symptomatic
No
Charges
Drug conspiracy involving greater than one kilogram of heroin and fentanyl, and greater than five kilograms of cocaine
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.