Pena-Armenta moved for reconsideration of the magistrate judge's order denying pretrial release based on Pena-Armenta's threat of non-appearance, in light of the COVID-19 outbreak at her place of detention and the limited visit protocols in place. The court denied the motion, reasoning that the threat of non-appearance and the danger to the community was still present and grave. Furthermore, the court noted that there was an outstanding federal warrant for the Defendant's arrest in another jurisdiction. While acknowledging that Pena-Armenta's preparation of her defense may be adversely impacted, the court was unmoved by that argument because those difficulties were not exclusive to Pena-Armenta. The court also reasoned that it remained "unpersuaded that Defendant should be released on account of her health."
United States v. Pena-Armenta, No. 2:19-cr-00348-DAK-CMR, 2020 WL 4338949 (D. Utah July 28, 2020)
DETAILS
Decision
Date
7/28/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Utah
Type of Case
Individual
Case Characteristics
Pre-Existing Health Conditions, Pretrial Detention [jail]
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.