Temporary release for a period of 45 days granted to individual charged with drug trafficking crime and in pretrial detention. Court noted that though defendant had no concerning health conditions, defendant's crime involved an elaborate trafficking operation that could not be recreated in 45 days, and that defendant appeared to be using period of incarceration to study principles of restorative justice. The Court explained that "even the release of seemingly healthy individuals may be appropriate where sufficient conditions can be imposed to reduce, if not eliminate flight risk and danger to the community. The reduction in the prison population in and of itself would help authorities take steps to prevent an outbreak of the virus in the confines of the facility." Id. at 4.
United States v. Le, 1:19-cr-10199-RWZ, No. 99 (D. Mass. May 6, 2020).
DETAILS
Decision
Date
5/6/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Implementing Release Procedures, Other, Preliminary Injunction (PI), Release, Temporary Restraining Order (TRO), Compensatory and punitive damages and injunctive relief
Type of Court
Federal District Court
Location
Massachusetts
Type of Case
Individual
Case Characteristics
Elderly, Immigrant Detention, Parole or Probation Violations, Pre-Existing Health Conditions, Pretrial Detention [jail], Significant Criminal History
Release Granted
Yes
Compassionate Release Case
No
Case Tracking Number
19-cr-10199-RWZ
MORE CASE INFORMATION
Court Name
D. Mass.
Decision
Motion Granted
Place of Incarceration
Federal Detention Center [typically federal pretrial detention]
Name of Facility
Wyatt Detention Facility
Legal Authority
Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments), Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
Released for 45 days with reassessment thereafter; home incarceration with parents; Parents post $100,000 bond secured by their home; No internet access by defendant; Defendant's sister will be third-party guardian; Defendant may not apply for travel documents and must surrender passport
Case Status
Decision Made But Case Still Pending
Pre-Existing Health Conditions
Age, Asthma, Cancer, Cardiac Disease, Diabetes, Hepatitis, Hypertension (high blood pressure), Kidney Disease, Liver Disease, Lung Disease, Obesity, Other, Pre-Diabetes, Serious and Persistent Mental Illness (SPMI), Traumatic Brain Injury, Tuberculosis, complications from gunshot wounds; fasting for Ramadan; immunocompromised due to shingles
COVID-19 Positive or Symptomatic
Not discussed
Charges
Conspiracy to manufacture, distribute, and possess with intent to distribute controlled substances including MDMA, Ketamine, and Alprazolam
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.
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