The court denied the government’s motion to revoke pre-trail release (affirming release) because all all of the § 3142(g) factors - aside from the weight of the evidence - weighed in favor of release. The court found (1) international money laundering charges were not evidence of an increase in flight risk, (2) prior successful release on bail weighed in favor of bail, and (3) the conditions on release decreased the danger to the community. The court discussed Covid-19 only in passing.
United States v. Cartagena, No. 20-cr-00166 (E.D. Cal. May. 28, 2020)
Criminal (Federal Charges)
Type of Court
Federal District Court
Type of Case
Elderly, Immigrant Detention, Parole or Probation Violations, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail]
Compassionate Release Case
Compassionate Release Specific Characteristics
Has a significant criminal history, Only served a small portion of their sentence (less than 33%)
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Local / County Jail
Name of Facility
Sacramento County Jail
Eighth Amendment - Deliberate Indifference, Procedural Due Process (both 14th and 5th Amendments), Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
The individual was released on two separate bonds: (1) a $100,000 unsecured bond co-signed by Defendant’s mother; and (2) a $100,000 bond secured by the equity in Defendant’s uncle’s house and (3) the court imposed several special conditions of release, including home detention and electronic monitoring
In 2000 convicted of 10 counts of wire fraud relating to an international telemarketing fraud scheme
Compassionate Release Exhaustion Holdingsin Federal Case
In the motion before the magistrate judge on May 4, 2020, Defendant moved for bail review based on his "health concerns related to the COVID-19 pandemic" but does not specify here.
COVID-19 Positive or Symptomatic
Defendant is charged with conspiracy to commit money laundering in violation of 18
3 U.S.C. § 1956(h).
COVID-19 in Jail Prison or Detention Center
Non-violence was not mentioned - but it seems that despite the stakes of the charge (alleged $330,000 in proceeds stolen from schemes) and history, the non-violence seems to be a factor
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.