DOJ-OGR-00019846.jpg
628 KB
Extraction Summary
3
People
4
Organizations
2
Locations
2
Events
0
Relationships
3
Quotes
Document Information
Type:
Legal filing (appellate brief/motion)
File Size:
628 KB
Summary
This document is page 18 of a legal filing (Case 21-58) dated April 1, 2021. It presents legal arguments for temporary release under 18 U.S.C. § 3142(i), citing the COVID-19 pandemic's impact on a defendant's ability to communicate with counsel and prepare a defense. The text analyzes case precedents *United States v. Clark*, *Stephens*, and *United States v. Robertson*, highlighting that even defendants with serious charges (like Robertson) were released to prepare for trial during the pandemic.
People (3)
| Name | Role | Context |
|---|---|---|
| Clark | Defendant in cited case |
Cited in United States v. Clark regarding temporary release motions.
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| Stephens | Defendant in cited case |
Cited regarding obstacles posed by the public health crisis to defense preparation.
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| Robertson | Defendant in cited case |
Subject of United States v. Robertson; charged with a shooting, bond violation, and gun/drug record, yet released due...
|
Organizations (4)
| Name | Type | Context |
|---|---|---|
| United States District Court for the District of Kansas |
Issued opinion in US v. Clark (D. Kan.).
|
|
| United States District Court for the District of New Mexico |
Issued opinion in US v. Robertson (D.N.M.).
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| 10th Circuit Court of Appeals |
Mentioned in footnote as having stayed the Robertson order.
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| DOJ |
Department of Justice (referenced in Bates stamp DOJ-OGR-00019846).
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Locations (2)
| Location | Context |
|---|---|
|
Location of Clark case.
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Location of Robertson case.
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Key Quotes (3)
"[m]ost courts addressing a motion for temporary release under §3142(i) have done so in the context of evaluating the necessity of the defendant assisting with preparing his or her defense"Source
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Quote #1
"the obstacles the current public health crisis poses to the preparation of the Defendant's defense constitute a compelling reason under 18 U.S.C. § 3142(i)"Source
DOJ-OGR-00019846.jpg
Quote #2
"Mr. Robertson's release is necessary for the preparation of his trial defense under 18 U.S.C. § 3142(i)."Source
DOJ-OGR-00019846.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (1,358 characters)
Case 21-58, Document 39-1, 04/01/2021, 3068530, Page18 of 31
In United States v. Clark, 448 F. Supp. 3d 1152, 1155 (D. Kan.
2020), the court emphasized that "[m]ost courts addressing a motion for
temporary release under §3142(i) have done so in the context of
evaluating the necessity of the defendant assisting with preparing his
or her defense ... This extends to the current COVID-19 pandemic
[because of] the pandemic's impact on counsel's difficulties
communicating with the defendant." See, e.g., Stephens, 447 F. Supp. 3d
at 65-67 (finding "the obstacles the current public health crisis poses to
the preparation of the Defendant's defense constitute a compelling
reason under 18 U.S.C. § 3142(i)"); United States v. Robertson, 17-Cr-
2949, Doc. 306 (D.N.M. February 6, 2021).7
2020), the court emphasized that "[m]ost courts addressing a motion for
temporary release under §3142(i) have done so in the context of
evaluating the necessity of the defendant assisting with preparing his
or her defense ... This extends to the current COVID-19 pandemic
[because of] the pandemic's impact on counsel's difficulties
communicating with the defendant." See, e.g., Stephens, 447 F. Supp. 3d
at 65-67 (finding "the obstacles the current public health crisis poses to
the preparation of the Defendant's defense constitute a compelling
reason under 18 U.S.C. § 3142(i)"); United States v. Robertson, 17-Cr-
2949, Doc. 306 (D.N.M. February 6, 2021).7
The defendant in Robertson was charged with "frightening
allegations" involving a shooting. He had previously violated bond. And
he had a criminal record involving guns and drugs. But the court
ordered him released because of his inability to prepare for trial while
in custody during the pandemic:
allegations" involving a shooting. He had previously violated bond. And
he had a criminal record involving guns and drugs. But the court
ordered him released because of his inability to prepare for trial while
in custody during the pandemic:
Mr. Robertson's release is necessary for the preparation of his trial
defense under 18 U.S.C. § 3142(i). That section allows a judicial
defense under 18 U.S.C. § 3142(i). That section allows a judicial
__________________
7 The 10th Circuit has stayed the Robertson order while it considers the
government's appeal.
7 The 10th Circuit has stayed the Robertson order while it considers the
government's appeal.
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DOJ-OGR-00019846
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