Order denying defendant revocation of detention for defendant charged with various drug and weapons possession charges. The court found detention was appropriate because no conditions of release would ensure safety, due to defendant's past criminal history and parole violations. Further, temporary release under § 3142(i) was inappropriate because he only had general and speculative fears about COVID-19, as: "Other than Mr. Sanders’s unsupported contention that CoreCivic is not following its own guidelines, he has asserted no specific concern about his COVID-19 risk, e.g., a personal health risk factor, or a known case of COVID-19 in his CoreCivic facility."
United States v. Sanders, No. 19-cr-20037 (DDC), 2020 WL 1528621 (D. Kan. Mar. 31, 2020)
DETAILS
Decision
Date
3/31/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Kansas
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail], Significant Criminal History
Extensive prior criminal history: fleeing from police, possessing a firearm, unlawful possession and use of a weapon.
Case Status
Decision Made But Case Still Pending
Compassionate Release Exhaustion Holdingsin Federal Case
An individual can move for compassionate release after 30 days have passed from the date the application was submitted to the warden, irrespective of whether the warden has granted or denied the request.
Drug trafficking offenses involving cocaine, marijuana, and methamphetamine (Counts 1, 2, 3); possession of firearms as a prohibited person (Count 4); possession of firearms in furtherance of drug-trafficking offenses (Count 5); and maintaining a residence for drug trafficking (Count 6).
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.