Granted release on bond pending sentencing for Defendant who had pled guilty to conspiracy to possess with intent to distribute controlled substances. Although Defendant was required to be detained pending sentencing under the Mandatory Detention Act of 1990, the court found that Defendant fell within a "generalized exception" to the MDA, as he did not pose a threat to the community and his COVID-risk health conditions provided exceptional reasons favoring release. Defendant had several serious health conditions, including hypertension, gout, diabetes, and obesity (BMI of 37.3).
United States v. Childs, No. 19-CR-00181 (DCC), 2020 WL 1910097 (D.S.C. Apr. 20, 2020)
DETAILS
Decision
Date
4/20/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Bond Hearing, Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Location
South Carolina
Type of Case
Individual
Case Characteristics
Immigrant Detention, Parole or Probation Violations, Pre-Existing Health Conditions, Pretrial Detention [jail], Significant Criminal History
Release Granted
Yes
Compassionate Release Case
No
Case Tracking Number
19-CR-181-DCC
MORE CASE INFORMATION
Court Name
D.S.C.
Decision
Motion Granted
Place of Incarceration
Local / County Jail
Name of Facility
Spartanburg County Detention Center
Legal Authority
Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
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.