| Amid COVID Judge Rakoff
Releases George Joseph Who Has Been Passing
Out In His Cell
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- The
Source
SDNY COURTHOUSE,
June 26 -- George Joseph
detained in FCI Danbury amid
the COVID-19 pandemic applied
for release to U.S. District
Court for the Southern
District of New York Judge Jed
S. Rakoff on June 26.
Inner City Press
live tweeted it. Judge Rakoff
sentenced George Joseph to 42
months; he's served 29 months
of it.
Joseph has passed out in his
cell several times, his lawyer
said.
Judge Rakoff:
There is a prima facie case
for his release. Let me hear
from the government.
AUSA Swett: He hasn't met his
burden.... Judge Rakoff: I
won't comment on your
unintentional pun, about it
being fatal to his argument.
But tell me more.
AUSA Swett: I
don't know if the court's
common sense inference is
accurate or not. I would rely
on medical
professionals. Judge
Rakoff: In the absence of a
study... As you say,
Coronavirus typically involves
the lungs and the use of the
lungs. That's why they put
people in respirators and
things like that. If you lung
function has been
compromised...
AUSA Swett: Mr.
Joseph bears the burden and he
has not met it. Anyway FCI
Danbury is in the position to
treat it. Twice he suffered a
breathing related condition -
and he was treated almost
immediately.
Judge Rakoff: The
Guidelines play a less than
major role in my sentencing
decisions. But goes the
government agree that that
loss amount was lower than
what it was thought to be at
sentencing, $1.5 to 3.5
million?
AUSA Swett: Mr
Joseph made $60-$80,000.
Judge Rakoff: I'm
ready to rule. I'm going to
grant the motion. Defendant
has exhausted his
administrative remedies,
though I've already ruled that
could be waived. Home
confinement is a serious
punishment, that mitigates
that there may be a slight
disparity.
Judge Rakoff:
We're talking a few months.
For all those reasons, the
motion is granted. There needs
to be an order putting
together all the conditions
that will be in place. I give
you until Monday. He will not
be released until Monday.
The case is US v.
Joseph, 18-cr-179
(Rakoff).
***
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