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698 KB
Extraction Summary
2
People
2
Organizations
2
Locations
3
Events
2
Relationships
2
Quotes
Document Information
Type:
Legal document
File Size:
698 KB
Summary
This legal document, filed on December 30, 2020, is a court ruling regarding a defendant's detention. The Court acknowledges the alarming spread of COVID-19 at the MDC facility where the defendant is held but denies release, stating the pandemic is not a sufficient basis to override its finding that the defendant is a substantial flight risk. The Court also notes the defendant has no underlying health conditions and deems a new hearing unnecessary, resolving the matter based on the submitted papers.
People (2)
| Name | Role | Context |
|---|---|---|
| The Defendant | Defendant |
The subject of the legal proceedings, currently housed at the MDC, and considered a flight risk by the Court.
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| The Court | Judicial Body |
The entity making the ruling on the Defendant's detention, expressing concerns about COVID-19 but ultimately denying ...
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Organizations (2)
| Name | Type | Context |
|---|---|---|
| Federal Bureau of Prisons | Government Agency |
Cited as the source for COVID-19 statistics at its facilities (BOP facilities), including the MDC.
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| Government | Government |
A party in the case, whose arguments for detention are noted as not resting on the Defendant's dangerousness.
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Timeline (3 events)
2020-07-14
A prior hearing where the Court provided reasons for its determination, which are stated to still apply.
An initial bail hearing where the Court found the Defendant had no underlying health conditions.
Locations (2)
| Location | Context |
|---|---|
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The facility where the Defendant is housed and which is experiencing a COVID-19 outbreak with 99 inmates and 11 staff...
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General term for facilities run by the Bureau of Prisons where the spread of COVID-19 is a concern.
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Relationships (2)
The Court is ruling on the Defendant's motion regarding detention and bail.
The Government and the Defendant are opposing parties in a legal case concerning her detention.
Key Quotes (2)
"The pandemic, including increasing positivity numbers in the MDC, is not a basis for release in this case where the Court finds that the Defendant poses a substantial and actual risk of flight and that no combination of conditions could reasonably assure her appearance."Source
— The Court
(The Court's conclusion explaining why the COVID-19 situation does not warrant the Defendant's release.)
DOJ-OGR-00002253.jpg
Quote #1
"as the Court found at the initial bail hearing, the Defendant has no underlying health conditions that put her at heightened risk of health impacts were she to contract COVID."Source
— The Court
(A key finding from a previous hearing that diminishes the argument for release based on health risks from the pandemic.)
DOJ-OGR-00002253.jpg
Quote #2
Full Extracted Text
Complete text extracted from the document (2,023 characters)
Case 1:20-cr-00330-AJN Document 106 Filed 12/30/20 Page 21 of 22
Finally, as the Court expressed at the initial bail hearing, it has deep concerns about the spread of COVID-19 at BOP facilities, including at the MDC. Indeed, in recent weeks, the incidence of COVID-19 among the inmate population where the Defendant is housed is truly alarming. See COVID-19: Coronavirus, Fed. Bureau of Prisons, https://www.bop.gov/coronavirus/ (last visited Dec. 28, 2020) (noting that the MDC currently has 99 inmates and 11 staff members who have tested positive for COVID-19). It could be argued that in the face of this, only those defendants who pose a danger to the community ought to be detained pending trial. If that were the law and in light of the increasing positivity rate, the Court would not hesitate to reopen the detention hearing and release the Defendant on bail since the Government rests none of its arguments on dangerousness. But that is not the law. Moreover, as the Court found at the initial bail hearing, the Defendant has no underlying health conditions that put her at heightened risk of health impacts were she to contract COVID. The pandemic, including increasing positivity numbers in the MDC, is not a basis for release in this case where the Court finds that the Defendant poses a substantial and actual risk of flight and that no combination of conditions could reasonably assure her appearance.
E. A hearing is unnecessary
Having carefully reviewed the parties’ arguments, the Court determines that a hearing is unnecessary and that it can resolve the motion on the papers. The briefing from both sides comprehensively lays out the parties’ respective arguments For the reasons stated above, none of the new information has a material bearing on the Court’s determination that the Defendant poses a flight risk. Indeed, many of the reasons that the Court provided at the July 14, 2020 hearing continue to apply with equal, if not greater, force. The Court need not hold another
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DOJ-OGR-00002253
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