The court denied the defendant’s motion asking the court to reconsider its pretrial detention decision under 18 U.S.C. §3142(f)(2)(B). The court stated that the COVID-19 pandemic, while a change in circumstance, did not have “a material bearing on the issue of whether there are conditions of release that will reasonably assure a defendant’s appearance at trial and the safety of any other person in the community.” Id. at 2. The court also noted that no incarcerated persons had tested positive for COVID-19 yet (though staff had) and the defendant did not claim to have any medical conditions that put him at risk.
United States v. Sheridan, No. 1:18CR525, 2020 U.S. Dist. LEXIS 93361 (N.D. Ohio May 28, 2020)
DETAILS
Decision
Date
5/28/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Other, Release, Vacatur, Delaying Reporting
Type of Court
Federal District Court
Location
Ohio
Type of Case
Individual
Case Characteristics
Elderly, Immigrant Detention, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail]
Release Granted
No
Compassionate Release Case
No
Compassionate Release Specific Characteristics
Only served a small portion of their sentence (less than 33%)
Case Tracking Number
18-cr-00525-CAB
MORE CASE INFORMATION
Court Name
D. Nev.
Decision
Motion Denied
Place of Incarceration
Federal Detention Center [typically federal pretrial detention]
Name of Facility
Northeast Ohio Correctional Center
Legal Authority
Eighth Amendment - Deliberate Indifference, Procedural Due Process (both 14th and 5th Amendments)
Legal Authority
Administrative Procedure Act (APA), Bail Reform Act, Bail Pending Sentence or Appeal, 18 U.S.C. § 3143, Bail Reform Act, Bail Pending Trial, 18 U.S.C. § 3142, First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A), Other, § 2241 Habeas, § 2254 Exhaustion, § 2254 Habeas, Fed. R. Crim. P. 33, Fed. R. Crim. P. 35
Case Status
Decision Made
Compassionate Release Exhaustion Holdingsin Federal Case
Possession with the Intent to Distribute Methamphetamine 21 U.S.C. §§ 841(a)(1) and (b)(1)(A); Possession of Firearms in Furtherance of a Drug Trafficking Crime 18 U.S.C. § 924(c)
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.
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.