The judge indicated that under normal circumstances, he would be inclined to have Mr. Raihan detained for multiple failed drug screenings and non-compliance with the conditions of his release. However, the judge stated that under the Bail Reform Act, he must also consider safety to the community, which includes those incarcerated at MDC and the individuals who work there. Stating that "the more people we crowd into that facility, the more we're increasing the risk to the community" due to COVID-19, the judge allowed Mr. Raihan to continue on supervised release, but stipulated that he would revisit the issue if Mr. Raihan fails another drug test.
United States v. Raihan, No. 20-cr-00068 (BMC) (E.D.N.Y. Mar. 12, 2020)
Continued outpatient drug treatment. Judge stated he would "revisit the issue" if Mr. Raihan continued to use/failed another drug test.
Decision Made But Case Still Pending
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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.