Bail denied to individual charged with drug trafficking offenses. Court deemed the individual a flight risk due to close family ties and employment history in Mexico. Court also found no evidence that the correctional facility was experiencing severe outbreaks.
United States v. Martinez-Espinoza, 3:20-cr-00775, No. 27 (S.D. Cal. May. 28, 2020)
DETAILS
Decision
Date
5/28/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Other, Preliminary Injunction (PI), Release, Compensatory and punitive damages and injunctive relief
Type of Court
Federal District Court
Location
California
Type of Case
Individual
Case Characteristics
Elderly, Immigrant Detention, Parole or Probation Violations, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail]
Release Granted
No
Compassionate Release Case
No
Compassionate Release Specific Characteristics
Only served a small portion of their sentence (less than 33%), Was sentenced as an Armed Career Criminal under the Armed Career Criminal Act (ACCA)
Case Tracking Number
20-cr-00775-H
MORE CASE INFORMATION
Court Name
S.D. Cal.
Decision
Motion Denied
Place of Incarceration
Federal Detention Center [typically federal pretrial detention]
Name of Facility
Metropolitan Correction Center San Diego
Legal Authority
Procedural Due Process (both 14th and 5th Amendments), Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments), Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
Age, Asthma, Cancer, Cardiac Disease, Diabetes, Hepatitis, High Cholesterol, Hypertension (high blood pressure), Kidney Disease, Liver Disease, Lung Disease, Obesity, Other, Pre-Diabetes, Traumatic Brain Injury, Tuberculosis, In need of orthopedic surgery
Pre-Existing Health Conditions Notes
Age 68
COVID-19 Positive or Symptomatic
Not discussed
Charges
Importation of cocaine; importation of methamphetamine; importation of heroin
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.