The court denied a motion for bail pending appeal under Rule 23(b). Court held that standard for bail pending appeal of a collateral challenge under § 2255 is at least as high as the Bail Reform Act standard for bail pending appeal. Even under the BRA, individual of advanced age and history respiratory issues still did not meet standard of showing he was not a risk to the community, or not likely to flee under § 3143.
United States v. Dade, No. 19-35172 (9th Cir. May 22, 2020)
Criminal (Federal Charges)
Type of Court
Federal Appellate Court
Type of Case
Elderly, Other, Parole or Probation Violations, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail], Significant Criminal History, Pending Appeal
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
Name of Facility
Bail Reform Act, Bail Pending Sentence or Appeal, 18 U.S.C. § 3143, Bail Reform Act, Bail Pending Trial, 18 U.S.C. § 3142, First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A), Other, § 2255 Habeas, Fed. R. App. P. 23(b)
battery, and assault.
Compassionate Release Exhaustion Holdingsin Federal Case
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.