The court denied the individual’s motion to reconsider detention pending trial. The court determined that despite his underlying conditions of bronchitis, recurrent pneumonia, and hypertension, there was no evidence that the existing COVID-response measures practiced by the facility were inadequate to protect its population. The court found that his prior criminal history, the nature and circumstances of the drug offense (to which he was going to change plea to guilty the following week) and its danger to the community showed that no condition of release will reasonably assure the safety of others in the community. Furthermore, while a staff member had tested positive for COVID-19, the court stated that “the mere presence of the virus, even in the detention setting, does not automatically translate to the release of a person accused.”
United States v. Pazmino, 3:16-cr-00114, 2020 WL 3105411 (M.D. Pa. Jun. 11, 2020)
DETAILS
Decision
Date
6/11/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Pennsylvania
Type of Case
Individual
Case Characteristics
Pre-Existing Health Conditions, Pretrial Detention [jail]
Conspiracy to possess in excess of 500 grams of heroin and 100 grams of heroin and one count of distribution and possession with the intent to distribute in excess of 7500 grams of methamphetamine and 100 grams of heroin
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.