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500 KB

Extraction Summary

1
People
3
Organizations
2
Locations
3
Events
2
Relationships
1
Quotes

Document Information

Type: Legal document
File Size: 500 KB
Summary

This legal document is a court ruling denying a defendant's release from the MDC, a detention facility experiencing a significant COVID-19 outbreak. The Court acknowledges the health risks but ultimately finds that the defendant poses a substantial flight risk and has no underlying health conditions that would justify release. The Court also determines that a new hearing is unnecessary, as the reasons from a prior hearing on July 14, 2020, still apply.

People (1)

Name Role Context
The Defendant Defendant
An unnamed individual housed at the MDC, who is the subject of a court ruling regarding detention. The court finds sh...

Organizations (3)

Name Type Context
The Court Judicial body
The entity making the ruling in this document, denying the defendant's release based on flight risk despite concerns ...
Fed. Bureau of Prisons Government agency
Cited as the source for COVID-19 statistics at its facilities (BOP facilities), including the MDC.
The Government Government
Mentioned as a party in the case, whose arguments for detention are based on dangerousness, which is not the primary ...

Timeline (3 events)

2020-07-14
A prior hearing where the Court provided reasons for its determination that the Defendant poses a flight risk.
2020-12-28
The Federal Bureau of Prisons website was visited, noting that the MDC had 99 inmates and 11 staff members who tested positive for COVID-19.
MDC
inmates staff members
An initial bail hearing where the Court expressed concerns about COVID-19 and found the Defendant had no underlying health conditions.

Locations (2)

Location Context
MDC
The facility where the Defendant is housed and which is experiencing a COVID-19 outbreak with 99 inmates and 11 staff...
Mentioned in the context of the Court's general concern about the spread of COVID-19 in federal prisons.

Relationships (2)

The Court Judicial The Defendant
The document is a ruling by the Court concerning the detention of the Defendant.
The Government Adversarial (Legal) The Defendant
The document references the arguments of the Government regarding the Defendant's detention.

Key Quotes (1)

"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 (This is the Court's central finding and justification for denying the Defendant's release, overriding concerns about the COVID-19 pandemic.)
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Quote #1

Full Extracted Text

Complete text extracted from the document (2,023 characters)

Case 20-cr-00330-AJN Document 105-2 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-00001230

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