Petitioner had previously filed a motion to revoke a detention order, but the district judge denied the motion, largely because another person may have died from a fentanyl overdose caused by pills supplied by petitioner, and because the petitioner had associated with armed felons and possessed various drugs and other indicia of drug distribution like money, body armor, and firearms. The 9th Circuit affirmed. Petitioner then filed his first motion to reopen the detention order. The court denied the motion, finding that the negative lab result for fentanyl in the petitioner’s home undermined only one of numerous reasons to detain the petitioner. Petitioner then filed the instant second motion to reopen detention, arguing that the government relied on a false fact that he was a danger to the community, and that his sleep apnea placed him at great risk for COVID-19 related problems. The court denied the motion, largely because sleep apnea alone does not call for release, and the rest of the petitioner's arguments were raised and rejected previously.
United States v. Normandia, No. 2:20-cr-00110 (W.D. Wash. Sep. 17, 2020)
DETAILS
Decision
Date
09/17/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Other, Release, Reopen detention
Type of Court
Federal District Court
Location
Washington
Type of Case
Individual
Case Characteristics
Pre-Existing Health Conditions, Pretrial Detention [jail]
Release Granted
No
Compassionate Release Case
No
Case Tracking Number
2:20-cr-00110-RSL
MORE CASE INFORMATION
Court Name
W.D. Wash.
Decision
Motion Denied
Place of Incarceration
Federal Detention Center [typically federal pretrial detention]
Conspiracy to Distribute Fentanyl; Distribution of Fentanyl; Possession of Fentanyl and Cocaine with Intent to Distribute; Possession of a Firearm in Furtherance of a Drug Trafficking Offense; Possession of MDMA and Cocaine with Intent to Distribute
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.