Temporary release granted to individual pending trial for firearms offenses, who is HIV-positive and has a brain tumor. The court rejected defendant's request for reconsideration of detention, reasoning that "The potential impact of the COVID-19 pandemic on Mr. Garcha’s health is context dependent and (one hopes) of limited duration" and that defendant's good conduct in prison did not overcome concerns from previous release condition violations. However, the Court granted temporary release on bond due to the defendant's health concerns.
United States v. Garcha, No. 5:19-cr-00663-EJD, 2020 WL 1593942 (N.D. Cal. Apr. 1, 2020)
DETAILS
Decision
Date
4/1/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
California
Type of Case
Individual
Case Characteristics
Parole or Probation Violations, Pre-Existing Health Conditions, Pretrial Detention [jail]
Release until May 4; $100,000 bond; Defendant shall surrender passports and visas, not travel outside N.D. Cal, home detention and location monitoring
Convictions
Knowingly possessing firearm after being convicted of a crime punishable by imprisonment exceeding one year; multiple violations of pretrial release conditions
Case Status
Decision Made But Case Still Pending
Motions Partially Granted
Motion for reconsideration of detention under 18 U.S.C. 3142(f)(2) denied; motion for temporary release under 18 U.S.C. 3142(i) granted
Pre-Existing Health Conditions
Cancer, HIV, Other, History of pulmonary embolism
Pre-Existing Health Conditions Notes
Cancer (brain tumor)
COVID-19 Positive or Symptomatic
Not discussed
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.