Denied revocation of detention under §§ 3142 & 3143 for Defendant awaiting sentencing who had pled guilty to firearm possession and possession with intent to distribute. The Court held § 3142 does not apply to defendants awaiting sentencing on a plea. The court held the § 3143 analysis was guided by (1) the original grounds for pre-trial detention; (2) the defendant’s stated COVID-19 concerns; (3) the conditions in the facility where the defendant is being held; and (4) whether conditions of release can be imposed to mitigate COVID-19 risks to the defendant and to the community. Although the Court found Defendant's asthma favored release, Defendant's prior non-compliance with pre-trial supervision, St. Clair County Jail's safety measures, and lack of effective release plan that would not expose others outweighed his COVID-19 risk due to asthma.
United States v. Roscoe, No. 19-CR-20537 (GAD), 2020 WL 1921661 (E.D. Mich. April 21, 2020).
Criminal (Federal Charges)
Type of Court
Federal District Court
Type of Case
Elderly, Post-Conviction Detention [jail or prison], Pretrial Detention [jail]
Compassionate Release Case
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Local / County Jail
Name of Facility
St. Clair County Jail
Procedural Due Process (both 14th and 5th Amendments)
Possession of a firearm by a convicted felon under 18 U.S.C. § 922(g)(1); Possession with intent to distribute a controlled substance in violation of 21 U.S.C. § 841(a)(1).
Decision Made But Case Still Pending
Compassionate Release Exhaustion Holdingsin Federal Case
Exhaustion is subject to equitable exceptions.
Pre-Existing Health Conditions
Age, Asthma, Other, Sleep Apnea
Pre-Existing Health Conditions Notes
COVID-19 Positive or Symptomatic
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.