Denied revocation of magistrate judge’s detention order, for defendant charged with (1) importation of and (2) possession with intent to distribute methamphetamine. As Defendant’s charges carried a maximum sentence of 10+ years under the Controlled Substances Act, the Government was entitled to seek detention under the Bail Reform Act. The court then found detention appropriate due to defendant’s flight risk, “given the seriousness of the alleged offenses, the potential sentence, Defendant’s strong ties to Mexico, and his lack of strong ties to the United States.” Although mindful of COVID-19, the court held, “the COVID-19 pandemic does not alter the statutory factors that Congress prescribed for determining whether detention is appropriate,” nor was detention punitive as it was reasonably related “to the Government’s legitimate interest in assuring his presence for trial, and the COVID-19 pandemic does not alter the analysis under the Due Process Clause.”
United States v. Ortega Humar, No. 20-MJ-1118 (JFM), 2020 WL 2813207 (D. Ariz. May 29, 2020)
Criminal (Federal Charges)
Class Certification, Improved Conditions, Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Type of Case
Elderly, Parole or Probation Violations, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail], Significant Criminal History
Compassionate Release Case
Compassionate Release Specific Characteristics
Has a disciplinary history, Has a significant criminal history, Went to trial
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Name of Facility
Central Arizona Florence Correctional Complex
Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments), Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
Compassionate Release Exhaustion Holdingsin Federal Case
An individual can move for compassionate release after 30 days have passed from the date the application was submitted to the warden, irrespective of whether the warden has granted or denied the request., Exhaustion is subject to equitable exceptions.
Importation of a Controlled Substance (Methamphetamine) in violation of 21 U.S.C. §§ 952, 960 and Possession of a Controlled Substance with Intent to Distribute, in violation of 21 U.S.C. § 841
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.