Pelayo moved for reconsideration of a Magistrate Judge’s Order that he be detained pending trial, on the grounds that the COVID-19 pandemic, and the conditions of confinement in FDC SeaTac, imposed an unreasonable risk of harm and future harm, and deprived him of effective assistance of counsel. Upon de novo review, the court denied the motion. The court noted that under the Bail Reform Act, 18 U.S.C. § 3142(e), the court presumes detention for individuals charged for an offense for which a maximum term of imprisonment of ten years or more is prescribed in the Controlled Substances Act; since Pelayo is charged for drug related offense with minimum penalty of 10 years, there is a presumption of detention for him. On Pelayo’s § 3142(f) claim that COVID-19 and the prison’s measures against it present new challenges for him, the court denied the claim, reasoning that Pelayo failed to provide any evidence of his personal risk factors (no medical conditions). On the issue of Pelayo’s Sixth Amendment right to counsel, the court found he was still able to communicate with counsel by phone.
United States v. Pelayo, No. 18-CR-217-RSM, 2020 U.S. Dist. LEXIS 112538 (W.D. Wash. June 26, 2020)
DETAILS
Decision
Date
6/26/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Washington
Type of Case
Individual
Case Characteristics
Pretrial Detention [jail]
Release Granted
No
Compassionate Release Case
No
Case Tracking Number
2:18-cr-00217-RSM
MORE CASE INFORMATION
Court Name
W.D. Wash.
Decision
Motion Denied
Place of Incarceration
Federal Detention Center [typically federal pretrial detention]
Distribution of over 400 grams of fentanyl pills; distribution of furanyl fentanyl pills
COVID-19 in Jail Prison or Detention Center
No
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.