Denial of release for individual awaiting sentencing for drug charges following guilty plea. Court described defendant as a flight risk and danger to the community and noted that because he was an asymptomatic carrier, it was unlikely that he would be safer in home confinement.
United States v. Love, 2:17-cr-00002 (PPS), Dkt. No. 149 (N.D. Ind. May 28, 2020)
DETAILS
Decision
Date
5/28/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Other, Preliminary Injunction (PI), Release, Release, Remand to District Court (for release)
Type of Court
Federal District Court
Location
Indiana
Type of Case
Individual
Case Characteristics
Immigrant Detention, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail]
Release Granted
No
Compassionate Release Case
No
Case Tracking Number
17-cr-00002-PPS-JEM
MORE CASE INFORMATION
Court Name
N.D. Ind.
Decision
Motion Denied
Place of Incarceration
Federal Prison
Name of Facility
Metropolitan Correctional Center Chicago
Legal Authority
Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
Distributing cocaine base; possession with intent to distribute cocaine base; significant criminal history including armed robbery, firearm possession, distribution of crack cocaine, and battery
Case Status
Decision Made
Compassionate Release Exhaustion Holdingsin Federal Case
Aggravated battery; criminal confinement; battery by means of a deadly weapon; battery resulting in serious bodily injury; strangulation; unspecified pending misdemeanor cases
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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