The court denied the petitioner's request for post-plea, pre-sentencing release under § 3143 of the Bail Reform Act, holding that it "cannot find by clear and convincing evidence that Defendant does not pose a danger to any person or the community given the serious nature of the offense in this case and the lengthy agreed-upon sentence of 10 years imprisonment." Prior to entering his guilty plea, petitioner had been denied release due to his past criminal history and because he had previously "committed offenses while on supervision." The court also emphasized that while asthma was a serious health condition, there was no evidence that there was COVID-19 at the jail where petitioner was held, and the jail was taking steps to mitigate the spread of the infection. The court also was concerned about "the substantial burden that releasing Defendant and similarly-situated defendants would place on the U.S. Probation Office at a time when conditions already are not conducive to such monitoring."
United States v. Jackson, No. 18-216, 2020 U.S. Dist. LEXIS 53780 (W.D. Pa. Mar. 24, 2020)
DETAILS
Decision
Date
3/24/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Pennsylvania
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail]
Conspiracy to possess with intent to distribute and possession with intent to distribute five kilograms or more of a mixture and substance containing a detectable amount of cocaine; Prior convictions including other drug-related offenses
Case Status
Decision Made
Pre-Existing Health Conditions
Asthma, Diabetes, Obesity, Other, Severe Allergies
COVID-19 Positive or Symptomatic
No
COVID-19 in Jail Prison or Detention Center
No
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.