The court denied petitioner’s motion for release under §3145(c). The court stated that due to the nature of her convictions, the long sentence she was facing, the strong weight of evidence against her, and that there was no condition that would assure the court she was not likely to present a flight risk or danger to the community. The court also pointed to the absence of a medically diagnosed condition (petitioner had self-diagnosed with asthma). The court also stated that §3142(i) was not the applicable standard, as petitioner had pled guilty to two of the charges against her. Finally, the court noted that no individuals detained at the facility had COVID-19 or were suspected of having it, only one employee, and that the facility was taking a number of steps to limit the spread of COVID-19.
United States v. Sanchez De Hernandez, No. 3:18-cr-00100-RDM, Dkt. 146 (M.D. Pa. June 19, 2020)
DETAILS
Decision
Date
6/19/2020
Practice Area
Criminal (State Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Pennsylvania
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Conspiracy to distribute a controlled substance, Possession with intent to distribute a controlled substance
Case Status
Decision Made
Pre-Existing Health Conditions
Asthma
COVID-19 Positive or Symptomatic
Not discussed
Charges
Possession of a firearm in furtherance of drug trafficking
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.
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