The court partially granted the motion to reconsider the modified conditions of release, by suspending the requirement that the individual had to remain at a residential re-entry facility for 180 days, but maintaining that he not be allowed to have any contact with minors. The court suspended release to a "halfway house" because there would be an increased risk of infection with COVID-19 at such a facility, even with enhanced sanitation procedures. The court, however, also rejected the claim made by the individual that he did not have a proper understanding of the modified order and that it was done solely on the basis of a failed polygraph test, noting that "[i]n the probation officer’s memorandum to the Court accompanying the Waiver and Order, specific instances of use of pornography, untruthfulness in treatment and with Defendant’s probation officer and his high-risk behavior regarding proximity contact with minor females were detailed." The court ordered the incarcerated individual and the probation officer to come to terms in modifying conditions of release.
United States v. Cole, No. CR-08-00102-001-PHX-SRB (D. Ariz. Apr. 13, 2020)
DETAILS
Decision
Date
4/13/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Arizona
Type of Case
Individual
Case Characteristics
Parole or Probation Violations, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Not specified, but implied to be either child pornography or illegal sexual contact with a minor
Case Status
Decision Made But Case Still Pending
Motions Partially Granted
Motion for modification of supervised release partially granted, for while the condition of release to a "halfway house" was suspended, alterations regarding contact with minors remained intact.
Compassionate Release Exhaustion Holdingsin Federal Case
An individual can move for compassionate release after 30 days have passed from the date the application was submitted to the warden, irrespective of whether the warden has granted or denied the request.
Pre-Existing Health Conditions
Asthma
COVID-19 Positive or Symptomatic
No
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.
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