Monday, April 06, 2020

SDFLA judges are starting to grant release based on COVID-19 (yes!) UPDATED WITH 4/6 BARR MEMO

UPDATE -- AG Barr tells prosecutors he's really serious about releasing folks on bond.  Here's the 4/6 memo: “You should now consider the medical risks associated with individuals being remanded into federal custody during the COVID-19 pandemic. Even with the extensive precautions we are currently taking, each time a new person is added to a jail, it presents at least some risk to the personnel who operate that facility and to the people incarcerated therein.”  AG Bill Barr instructed prosecutors that they should "consider not seeking detention to the same degree we would under normal circumstances.

I know of at least 3 cases, the most recent from today in United States v. Karl Oreste, Case no.14-20349-Scola. The order is here. Kudos to AUSA Lois Foster Steers for agreeing to this compassionate release motion and to AFPD Julie Holt for successfully pursuing the motion. Judge Scola writes a really good order, explaining how serious this issue is in our prison system.

Judge Williams also granted one, over the prosecutor’s objection in the Bart Hernandez case.  The Miami Herald covered that decision here.  It’s strange that the government objected here where there was only a few months left on the sentence and the defendant’s mom really needed the help.  Big ups to Judge Williams for granting this over objection.  Defense attorneys: Jeff Marcus, Dan Rashbaum, and Alison Green.

And here’s a lengthy and really well-reasoned order granting bond pending sentencing in United States v. Johnny Grobman by Judge Goodman.  The government not only fought against this order, but is appealing to Judge Altman.  (Full disclosure, I have been brought on as appellate counsel in the Grobman case and consulted on this motion before Magistrate Judge Goodman as well as the government appeal to Judge Altman. (Phil Reizenstein and Jackie Arango are the leads.)  So I won’t comment other than to say it would be worth your time to review Judge Goodman’s order).  

Any others?  Please send them along!

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