The court granted pretrial relaese for Mr. Kennedy, who was had been detained for violation of his pretrial release conditions. The court ruled that his risk factors and his flu-like symptoms necessitated release under § 3142, as well as his need to adequately prepare his sentencing defense, as the pandemic had severely limited his ability to properly consult with his lawyer. The court noted that "[e]ven if Defendant did not have a heightened susceptibility to COVID-19, the public health crisis—and its impact on Defendant’s ability to present a defense—nonetheless satisfies § 3142(i)." Id at *4.
United States v. Kennedy, No. 5:18-cr-20315, 2020 WL 1493481 (E.D. Mich. Mar. 27, 2020), reconsideration denied, 2020 WL 1547878 (E.D. Mich. Apr. 1, 2020)
DETAILS
Decision
Date
3/27/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Michigan
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail]
Release Granted
Yes
Compassionate Release Case
No
Compassionate Release Specific Characteristics
Has a significant criminal history, Was sentenced as a Career Offender under the U.S. Sentencing Guidelines
Compassionate Release Exhaustion Holdingsin Federal Case
An individual can move for compassionate release after 30 days have passed from the date the application was submitted to the warden, irrespective of whether the warden has granted or denied the request., Exhaustion is subject to equitable exceptions.
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Federal Defender Office, Detroit, MI
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.