Mr. Montes Tovar sought pretrial release due to the health emergency. The court granted release with extensive conditions. The order did not provide any background on any health issues Mr. Montes Tovar was dealing with, or conditions at the institution he was being held at.
United States v. Montes Tovar, No. 19-cr-003410DCN (D. Idaho Apr. 2, 2020)
Criminal (Federal Charges)
Implementing Release Procedures, Release
Type of Court
Federal District Court
Type of Case
Elderly, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Compassionate Release Case
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Federal Detention Center [typically federal pretrial detention], United States Marshals Facility
(1) Mr. Montes Tovar must not violate federal, state, or local law while on release.
(2) He must cooperate in the collection of a DNA sample if it is authorized by 34 U.S.C. § 40702.
(3) He must advise the court or the pretrial services office or supervising officer in writing before making any change of residence or telephone number.
(4) He must appear in court as required and, if convicted, must surrender as directed to serve a sentence that the court may impose.
Mr. Montes Tovar must appear at: As directed by Counsel.
(5) He must sign an Appearance Bond, if ordered.
He is further ordered to
(a) submit to supervision by and report for supervision to U.S. Probation Officer as directed.
(b) surrender any passport to: USPO as directed.
(c) not obtain a passport or other international travel document.
(d) abide by the following restrictions on person association, residence, or travel. His travel shall be restricted to: the District of Idaho, unless pre-approved by Pretrial Services, travel only on 4/3/20, in between current location, to Idaho.
(e) avoid all contact, directly or indirectly, with any person who is known to be a victim or witness in the investigation or prosecution.
(f) not possess a firearm, destructive device, or other weapon.
(g) get medical or mental health treatment: as directed by the pretrial services officer: pay all or part of the cost of the assessment and treatment based upon his ability to pay as determined by his pretrial services officer.
(h) not use alcohol at all
(i) not frequent establishments where alcohol is the primary item of sale.
(j) not use or unlawfully possess a narcotic drug or other controlled substance defined in 21 U.S.C. § 802, unless prescribed by a licensed medical practitioner, not use or unlawfully possess drug paraphernalia.
(k) submit to testing for a prohibited substance if required by the pretrial services office. Testing may be used with random frequency and may include urine testing, the wearing of a sweat patch, a remote alcohol testing system, and/or any form of prohibited substance screening or testing. Mr. Montes Tovar must not obstruct, attempt to obstruct, or tamper with the efficiency and accuracy of prohibited substance screening or testing; must pay all or part of the cost of the testing based upon ability to pay as determined by the pretrial services officer.
(l) participate in a substance abuse assessment and participate in a program of inpatient or outpatient substance abuse therapy and counseling if directed by the pretrial services officer; must pay all or part of the cost of the testing based upon his ability to pay as determined by the pretrial services officer.
(m) participate in one of the following location monitoring programs and comply with all the program requirements which will include location monitoring technology as directed by the pretrial services officer.
(i) Home Detention. He is restricted to his residence at all times except for employment; education; religious services; medical, substance abuse, or mental health treatment; attorney visits; court appearances; court-ordered obligations; or other activities approved in advance by the pretrial services officer
He must pay all or part of the cost of the program based on his ability to pay as
determined by the pretrial services officer.
(o) report as soon as possible, to the pretrial services officer, every contact with law enforcement personnel, including arrests, questioning, or traffic stops.
(p) maintain current residence and shall not move or change residences without prior approval of the pretrial services officer and obey established rules of the household.
(q) have no contact with any persons the defendant knows to be engaged in criminal activity, or who are illegally using or possessing any controlled substances.
Decision Made But Case Still Pending
Pre-Existing Health Conditions
Age, Asthma, Diabetes, High Cholesterol, Hypertension (high blood pressure), Other, kidney stones, back pain, hearing loss, surgery of abdominal aortic aneurysm
21 U.S.C. §§ 841, 846
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.