The court granted Mr. McLean’s motion for release pending trial due to his diabetes diagnosis, which placed him in a high-risk category of complications due to COVID-19. The court stated that COVID-19 had changed the 3rd and 4th factors in determining if release was appropriate under § 3142(g). The court reasoned that Mr. McLean would seriously risk his own health if he left his home, and even more so if he violated the terms of his release and was sent back to the DC Jail; accordingly, the court found granting release appropriate.
United States v. McLean, No. 1:19-cr-00380-RDM, 2020 United States Dist. LEXIS 90691 (D.D.C. Mar. 28, 2020)
Criminal (Federal Charges)
Implementing Release Procedures, Release
Type of Court
Federal District Court
District of Columbia
Type of Case
Elderly, Parole or Probation Violations, Pre-Existing Health Conditions, Pretrial Detention [jail], Significant Criminal History
High intensity supervision; abide by an electronically-monitored curfew; participate in all drug testing / drug program requirements; and abide by all other conditions imposed by the court and as directed by PSA
Decision Made But Case Still Pending
Pre-Existing Health Conditions
Age, Diabetes, Other, Sleep Apnea
Pre-Existing Health Conditions Notes
COVID-19 Positive or Symptomatic
Distribution of drugs while carrying or using a firearm
COVID-19 in Jail Prison or Detention Center
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.