The defendant sought post-conviction pre-sentencing release on bail based on 18 U.S.C. § 3145(c), which allows an exception to detention where, inter alia, "exceptional reasons" so justify. This was despite the fact that defendant's detention was effectively mandatory because he had been convicted of a crime of violence. The court had previously granted the defendant's application for leave to surrender two weeks after his plea under certain conditions to permit him to attend family funerals. Based on the defendant's previous compliance with these conditions, the court held that the defendant was not likely to flee or be a danger to the community. The court then granted the release request, reasoning that the heightened threat posed by COVID-19 to the defendant, who has asthma, in a detention facility with multiple confirmed case, constituted "exceptional reasons" to grant release.
United States v. McKenzie, No. 1:18-cr-00834-PAE, 2020 WL 1503669 (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
Release Granted
Yes
Compassionate Release Case
No
Case Tracking Number
1:18-cr-00834-PAE
MORE CASE INFORMATION
Court Name
S.D.N.Y.
Decision
Motion Granted
Place of Incarceration
Federal Detention Center [typically federal pretrial detention]
Release on a $300,000 bond, home incarceration, electronic GPS monitoring, variety of restrictions on contact. The release is to last
only as long as the current public health emergency, or until otherwise ordered.
Convictions
Aiding and abetting an assault with a dangerous weapon, in violation of 18 U.S.C. §§ 1959(a)(3) and 2
Case Status
Decision Made But Case Still Pending
Pre-Existing Health Conditions
Asthma
Pre-Existing Health Conditions Notes
Asthma: albuterol inhaler issued by detention facility
COVID-19 Positive or Symptomatic
No
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.
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.