The court denied bond release under an exceptional circumstances framework analogous to compassionate release. Although Smith argued his age (41) and his health conditions (asthma and hay fever) made him a greater risk for COVID-19, the court denied Smith's motion for release. Smith also argued that staff at his correctional institution had tested positive for COVID-19 and that the virus was likely to spread rapidly through the facility. Smith also argued he should be released to take care for an elderly mother and an uncle with dementia, which the court ruled failed to justify an appeal bond. The court ultimately denied bond because Smith was serving a sentence on a serious offense, his claims of constitutional deprivations were not likely to succeed on their merits, and Smith had access to sufficient medical treatment within the correctional environment to adequately address his health concerns.
United States v. Smith, No. 14-10137 (D. Kan. June 18, 2020)
Criminal (Federal Charges)
Type of Court
Federal District Court
Type of Case
Pretrial Detention [jail]
Compassionate Release Case
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Federal Detention Center [typically federal pretrial detention]
Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
Pre-Existing Health Conditions
Asthma, Other, Hay fever
Pre-Existing Health Conditions Notes
Age (41), Asthma (severity unspecified), Hayfever (unspecified)
COVID-19 Positive or Symptomatic
Brandishing a firearm in furtherance of a drug trafficking offense under 18 U.S.C. § 924(c)
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.