The court denied the detained individual's request for release under § 3142. The individual had been charged with illegally selling weapons and drugs, with the prosecution alleging that he engaged in sales to both an undercover police officer and a confidential informant; the individual had asthma and also reported having pre-diabetes and epilepsy. The court denied his release because his asthma was deemed mild enough to not put him at special risk for contracting COVID-19, stating that "the objective medical evidence does not show that his medical conditions are severe enough to justify pretrial release." The court also found that the "[d]efendant’s personal history and characteristics also do not support his release" given his prior conviction for aggravated assault, multiple instances of being found in contempt of court, and the fact that the crime for which he was currently charged occurred while he was on probation. The court admitted that remaining at FDC Philadelphia would make social distancing impossible and elevate his risk of contracting COVID-19 relative to staying with family but found that on balance, the evidence weighed in favor of his continued detention.
United States v. Carter, No. 2:18-cr-00561-JHS, 2020 U.S. Dist. LEXIS 108541 (E.D. Pa. June 22, 2020)
DETAILS
Decision
Date
6/22/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Pennsylvania
Type of Case
Individual
Case Characteristics
Parole or Probation Violations, Pretrial Detention [jail]
Release Granted
No
Compassionate Release Case
No
Case Tracking Number
2:18-cr-00561-JHS
MORE CASE INFORMATION
Court Name
E.D. Pa.
Decision
Motion Denied
Place of Incarceration
Federal Detention Center [typically federal pretrial detention]
Name of Facility
Federal Detention Center-Philadelphia, PA (FDC Philadelphia)
Prior convictions: felony aggravated assault; contempt of court
Case Status
Decision Made But Case Still Pending
Pre-Existing Health Conditions
Asthma, Diabetes, Other, Pre-Diabetes, Epilepsy
Pre-Existing Health Conditions Notes
Asthma (court refers to it as "mild")
COVID-19 Positive or Symptomatic
No
Charges
Current Charges: possession of a firearm by a convicted felon; distribution of a mixture containing crack cocaine; aiding and abetting the distribution of crack 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.