The court denied Alberto Marte’s application pursuant to 18 U.S.C. § 3142(i) for temporary release from custody during the COVID-19 pandemic, finding that there was no evidence that Marte had a special condition making him substantially vulnerable to COVID-19 and that the pandemic alone was not a compelling reason warranting release. Although Marte was a long time smoker and was addicted to Percocet, the Court did not find these factors to constitute preexisting medical issues. Furthermore, the serious nature of the charges against Marte (leading an oxycodone conspiracy, possessing and aiding and abetting possession of firearms) and his criminal history (federal drug conviction, violation of the terms of his federal supervised release) counted against his release.
United States v. Marte, No. 19-CR-795, 2020 WL 1505565 (S.D.N.Y. Mar. 30, 2020)
DETAILS
Decision
Date
3/30/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
New York
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail]
Release Granted
No
Compassionate Release Case
No
Case Tracking Number
19-cr-795-SHS
MORE CASE INFORMATION
Court Name
S.D.N.Y.
Decision
Motion Denied
Place of Incarceration
Federal Detention Center [typically federal pretrial detention]
Federal drug conviction; violation of supervised release
Case Status
Decision Made But Case Still Pending
Pre-Existing Health Conditions
Smoking, Substance Use Disorder
Pre-Existing Health Conditions Notes
Substance Use Disorder (Percocet)
COVID-19 Positive or Symptomatic
Not discussed
Charges
Leading an oxycodone conspiracy
COVID-19 in Jail Prison or Detention Center
Not Discussed
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.