The court denied bail or conditional release. Van Nguyen was convicted on three counts related to a robbery: Count One had a 20 year statutory maximum, while for Counts Two and Three, Van Nguyen was to serve "an aggregate term of life imprisonment plus 60 months." However, the government had since recommended that Counts Two and Three be vacated, meaning that Van Nguyen might have been eligible for resentencing under the First Step Act. A magistrate judge had previously denied release because there was uncertainty regarding how much good time credit he would be eligible for. In affirming the magistrate judge's decision, the court rejected an additional claim for release due to COVID-19 because "defendant does not claim that he personally is more at risk than any other inmate due to his age or his current health condition," meaning that "defendant's arguments regarding the risk of contracting COVID-19 would apply to everyone in confinement."
United States v. Van Nguyen, No. 2:99-CR-433-06 WBS, 2020 WL 1820039 (E.D. Cal. Apr. 10, 2020)
DETAILS
Decision
Date
4/10/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Preliminary Injunction (PI), Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Location
California
Type of Case
Individual
Case Characteristics
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
Has a significant criminal history
Case Tracking Number
99-CR-433-06-WBS
MORE CASE INFORMATION
Court Name
E.D. Cal.
Decision
Motion Denied
Place of Incarceration
Federal Prison
Name of Facility
FCI Bennettsville
Legal Authority
Eighth Amendment - Deliberate Indifference, Procedural Due Process (both 14th and 5th Amendments), Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments), Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
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.