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)
DETAILS
Decision
Date
5/22/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release, Vacatur
Type of Court
Federal Appellate Court
Location
California
Type of Case
Individual
Case Characteristics
Elderly, Other, Parole or Probation Violations, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail], Significant Criminal History, Pending Appeal
Release Granted
No
Compassionate Release Case
No
Compassionate Release Specific Characteristics
Has a significant criminal history, Only served a small portion of their sentence (less than 33%)
Case Tracking Number
19-35172
MORE CASE INFORMATION
Court Name
9th Cir.
Decision
Motion Denied
Place of Incarceration
Federal Prison
Name of Facility
FCI Lompoc
Legal Authority
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)
Convictions
Burglary,
battery, and assault.
Case Status
Decision Made
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.
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