Mr. Nkanga moved for release on bail under 18 U.S.C. § 3145(c), sentence correction under Rule 35(a), or new trial under Rule 33(a). The court held that once it sentenced Mr. Nkanga, it had no jurisdiction to release him on bail; since there was no clear error in the sentence, Rule 35(a) did not apply; and since Nkanga pleaded guilty, he could not seek a new trial under Rule 33(a). The court indicated that if it did have the power to release Mr. Nkanga, it would have. In a footnote, the court wrote that it only addressed defendant's arguments and did not address other arguments for relief, such as compassionate relief under 18 U.S.C. § 3582, or temporary release by the BOP pursuant to 18 U.S.C. § 3622.
United States v. Nkanga, __ F. Supp. 3d __, 2020 WL 1529535 (S.D.N.Y. Mar. 31, 2020)
DETAILS
Decision
Date
3/31/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release, Vacatur
Type of Court
Federal District Court
Location
New York
Type of Case
Individual
Case Characteristics
Elderly, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail], Significant Criminal History
Release Granted
No
Compassionate Release Case
No
Case Tracking Number
18-cr-00713-JMF
MORE CASE INFORMATION
Court Name
S.D.N.Y.
Decision
Motion Denied
Place of Incarceration
Federal Detention Center [typically federal pretrial detention]
Name of Facility
Metropolitan Detention Center Brooklyn
Legal Authority
Bail Reform Act, Bail Pending Sentence or Appeal, 18 U.S.C. § 3143, Bail Reform Act, Bail Pending Trial, 18 U.S.C. § 3142, First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A), Other, Fed. R. Crim. P. 33, Fed. R. Crim. P. 35
Convictions
21 U.S.C. § 841; 21 U.S.C. § 846
Case Status
Decision Made
Compassionate Release Exhaustion Holdingsin Federal Case
Exhaustion is subject to equitable exceptions.
Pre-Existing Health Conditions
Age, Asthma, Other, Smoking, Substance Use Disorder, Complications from Stroke and Asthma, Other Unspecified Conditions
Pre-Existing Health Conditions Notes
Mr. Nkanga is 67 years old. The decision provides no details on severity of asthma.
COVID-19 Positive or Symptomatic
No
COVID-19 in Jail Prison or Detention Center
Yes
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