| Medina Who Studied HVAC
Ordered Released By SDNY Judge Pauley
Marveling At No Supervision
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- The
Source
SDNY COURTHOUSE,
May 11 – Jonathan Medina,
imprisoned in the MCC jail
amid COVID-19, on May 11
sought release before U.S.
District Court for the
Southern District of New
York Judge William H.
Pauley III, and Inner City
Press covered it.
Judge Pauley asked if he had
completed a particular HVAC
course he was taking and was
told yes, and that he would
shelter in place with his
father.
The
defense lawyer said that in
the MCC there have been five
positives among nine tests for
COVID-19. Her client has only
a short time left; she urged
re-sentencing.
AUSA
Maimin, who from proceedings
before Judge Sullivan, and
Judge Castel on Peter Bright
we call the fireman, said the
statute requires extraordinary
and compelling reasons.
Judge Pauley noted, BOP issued
him an inhaler, and asked, Why
did they take the inhaler from
him?
AUSA Maimin replied, They
moved him to the SHU [Special
Housing Unit] during the
investigation of the gun found
in the MCC. [Medina was not
involved.]
Maimin continued, He did not
ask for the inhaler back. He
said, "There is actually a
much higher infection rate
[for COVID-19] in The Bronx
than in the MCC."
Inner City Press / Community
on the Move is much interested
in, and troubled by, the
disparate impact of this
approach. Has it been
litigated yet? If not, why
not?
Judge Pauley ruled, I find
that Mr. Medina has shown
extraordinary and compelling
reasons under the Attorney
General's policy. He has
completed seven and a half
months of a nine month
sentence. He has a
pre-existing condition. He is
to be released tomorrow to
home detention... If he is
under quarantine, he cannot be
released until it is over. It
is highly unfortunate he will
not be subject to supervised
release after June 29.
Judge Pauley expressed concern
at the underlying proceeding
before Judge Batts, RIP, which
AUSA Maimin tried to explain.
References was made to getting
the location monitoring
installed at or in the Preska
Pavilion. We'll have more on
this. The case is US v.
Medina, 09-cr-983
(Pauley).
***
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