The court denied the detained individual's request under § 3142 of the Bail Reform Act, doing so on the basis that the nature of his charges and his "risk to the community" outweighed the potential health impact of keeping him in detention. The individual was charged, along with his brother, of possessing large quantities of drugs including methamphetamine and cocaine and possessing firearms in furtherance of drug trafficking crimes; he had a few pre-existing health conditions that made him susceptible to COVID-19 including diabetes, obesity, and asthma. However, despite these health conditions, the court noted that there were no confirmed cases of COVID-19 in the detention facility and found that the individual presented a danger to the community. The court specifically noted that "Mr. Carrillo Lopez’s behavior was wanton and reckless and reflects a serious disregard for the dangerousness of the underlying conduct to both the community and his own family' especially given that "Mr. Carrillo Lopez stored these drugs and weapons in a home where he lived with his four minor siblings."
United States v. Lopez, No. MJ20-0020-JCC, 2020 U.S. Dist. LEXIS 109042 (W.D. Wash. June 22, 2020)
DETAILS
Decision
Date
6/22/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Washington
Type of Case
Individual
Case Characteristics
Pre-Existing Health Conditions, Pretrial Detention [jail]
Release Granted
No
Compassionate Release Case
No
Case Tracking Number
2:20-mj-00020-BAT
MORE CASE INFORMATION
Court Name
W.D. Wash.
Decision
Motion Denied
Place of Incarceration
Federal Detention Center [typically federal pretrial detention]
"[F]ourth degree domestic violence after assaulting his girlfriend, who is also the mother of his children"
Case Status
Decision Made But Case Still Pending
Pre-Existing Health Conditions
Asthma, Diabetes, Obesity
Pre-Existing Health Conditions Notes
Obesity (BMI not specified)
COVID-19 Positive or Symptomatic
No
Charges
Possession of methamphetamine with intent to distribute; possession of heroin with intent to distribute; possession of firearms in furtherance of a drug trafficking crime
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.