Granted temporary release with monitoring, even though individual also had a pending detainer in MD state court. Individual was charged with firearm use during a crime of violence and Hobbs Act Robbery. The court held release under 18 U.S.C. § 3142(e) and § 3145(b) were inappropriate given the seriousness of the charge, high likelihood of conviction, and criminal history. However, the COVID-19 crisis and the individual's sarcoidosis favored temporary release under §3142(i), as the individaul would experience great risk in prison and the threat of COVID-19 would make him more likely to comply with home detention.
United States v. Thomas, No. 17-CR-194 (RDM), 2020 WL 1911558 (D.D.C. Apr. 20, 2020)
DETAILS
Decision
Date
4/20/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Bond Hearing, Release
Type of Court
Federal District Court
Type of Court
State Highest Court
Location
District of Columbia
Type of Case
Individual
Case Characteristics
Elderly, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail], Significant Criminal History
Released to home confinement; will be returned to custody "when the Court determines that there are no longer compelling reasons for Thomas’s temporary release pending disposition of this case under 18 U.S.C. § 3142(i)."
Convictions
Prior criminal history for weapons charges.
Case Status
Decision Made But Case Still Pending
Motions Partially Granted
The Court will deny Thomas’s motion to the extent he seeks release under 18 U.S.C. § 3145(b) and § 3142(e) but will grant his motion for temporary release pursuant to § 3142(i).
Pre-Existing Health Conditions
Age, Lung Disease, Other, sarcoidosis
COVID-19 Positive or Symptomatic
No
Charges
Using, Carrying, Brandishing, and Possessing a Firearm During a Crime
of Violence under 18 U.S.C. § 924(c)(1)(A)(ii); Interference with Interstate Commerce by Robbery under 18 U.S. Code § 3156(a)(4).
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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