The court ordered the sentence of imprisonment imposed on the individual stayed and ordered the individual to remain under her current conditions of release pending her appeal. The court asserted that the individual did not meet the conditions of the Bail Reform Act but reversed its previous order after being directed by the Court of Appeals to reconsider in light of her undisclosed medical condition and the COVID-19 pandemic.
United States v. Hector, No. 2:18-cr-3-002 (W.D. Va. Mar. 27, 2020)
DETAILS
Decision
Date
3/27/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Type of Court
State Highest Court
Location
Virginia
Type of Case
Individual
Case Characteristics
Elderly, Immigrant Detention, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Release Granted
Yes
Compassionate Release Case
No
Case Tracking Number
2:18-cr-00003-JPJ
MORE CASE INFORMATION
Court Name
W.D. Va.
Decision
Motion Granted
Place of Incarceration
Home Detention / House Arrest
Legal Authority
Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
Legal Authority
Bail Reform Act, Bail Pending Sentence or Appeal, 18 U.S.C. § 3143, Other, § 2241 Habeas, Fed. R. Crim. P. 38(b)(1)
Convictions
Conspiracy to distribute or possess with intent to distribute controlled substances; Distributing or possessing with intent to distribute 50 grams or more of methamphetamine
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.