Order denying revocation of pretrial detention for Defendant charged with possessing a firearm as a felon and possessing a firearm after a domestic violence conviction. The court found that COVID-19 had no role on the § 3142(g) factors for whether whether there are conditions of release that will reasonably assure the safety of the public. Defendant's serious charges and extensive and violent criminal history supported the finding that no condition or conditions of release would reasonably assure the safety of the community, and therefore detention was appropriate. Nor was release appropriate under § 3142(i), especially given that he had no health conditions placing him at high COVID-19 risk; he could not demonstrate an effective release plan to someone who was not at high COVID-19 risk; and his criminal history made him unlikely to comply with supervision.
United States v. Ford, No. 20-CR-51 (SDM), 2020 WL 1921209 (S.D. Ohio Apr. 20, 2020)
DETAILS
Decision
Date
4/21/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Improved Conditions, Preliminary Injunction (PI), Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Location
Wisconsin
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail], Significant Criminal History
Release Granted
No
Compassionate Release Case
No
Case Tracking Number
20-CR-51-SDM
MORE CASE INFORMATION
Court Name
11th Cir.
Decision
Motion Denied
Place of Incarceration
Local / County Jail
Name of Facility
Franklin County Correctional Facility II
Legal Authority
Eighth Amendment - Deliberate Indifference, Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments)
Knowingly possessing a firearm as a convicted felon; Possessing a firearm after having previously been convicted of a domestic violence offense
COVID-19 in Jail Prison or Detention Center
Yes
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.
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.