Petitioner filed a motion for bail pending appeal under the Bail Reform Act. Although Petitioner's convictions qualify for mandatory detention while awaiting appeal, the Bail Reform Act would allow Petitioner's release on bail if Petitioner shows that he is not a flight risk, that his appeal is not for purposes of delay, that the appeal raises a substantial question of law or fact, and that exceptional circumstances compel release. The Court denied Petitioner's motion, finding that although he was not a flight risk and his appeal was not for purposes of delay, his appeal raised no substantial question of law or fact likely to lead to a reversal of his conviction. The court further found that Petitioner's obesity, gout, and history of smoking did not increase his risk of contracting COVID-19 to such an extent as to qualify as "exceptional circumstances."
United States v. Carroll, No. 17-CR-753-16 (CS), 2020 U.S. Dist. LEXIS 174792 (S.D.N.Y. Sep. 23, 2020)
DETAILS
Decision
Date
09/23/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Other, Release, Bail pending appeal
Type of Court
Federal District Court
Location
New York
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Convicted under 21 U.S.C. §§ 841(b)(1)(B) and 846, which are offenses that fall within subsection (f)(1) of the Bail Reform Act
Case Status
On Appeal
Pre-Existing Health Conditions
Obesity, Other, Gout, History of smoking
COVID-19 Positive or Symptomatic
Not Discussed
COVID-19 in Jail Prison or Detention Center
Not Discussed
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.