The court denied the petitioner's request to quash his writ of habeas corpus ad prosequendum, a claim which was brought due to the petitioner's belief that he was eligible for release to a halfway house but was unlikely to be released due to the pending writ. By being released to the halfway house, the petitioner could "start exploring employment opportunities and start the process of successful reintegration back into society.” He also stated that he was concerned about his risk of contracting COVID-19 at the detention facility where he is being held. The government challenged petitioner's belief that he is eligible for release into a halfway house, stating that "no legal basis exists for Defendant to be released to a halfway house, as the Ninth Circuit vacated his original sentence." The court sided with the government, finding "[d]efendant’s speculation regarding his release to the halfway house unavailing"; the court also noted that there had not been a determination that the petitioner would not pose a danger to the community.
United States v. Fitzgerald, No. 2:17-CR-00295-JCM-NJK, 2020 WL 1433932 (D. Nev. Mar. 24, 2020)
Criminal (Federal Charges)
Type of Court
Federal District Court
Type of Case
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Compassionate Release Case
Compassionate Release Specific Characteristics
Has a significant criminal history, Was sentenced as a Career Offender under the U.S. Sentencing Guidelines
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Federal Detention Center [typically federal pretrial detention]
Name of Facility
Southern Nevada Detention Center
Bail Reform Act, Bail Pending Sentence or Appeal, 18 U.S.C. § 3143, First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Decision Made But Case Still Pending
Pre-Existing Health Conditions
Substance Use Disorder
COVID-19 Positive or Symptomatic
COVID-19 in Jail Prison or Detention Center
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.