We are experts at filing an emergency motion to get a prisoner, county jail inmate or an in-custody defendant released due to the Coronavirus outbreak. Recently, the Eastern Federal District Court of Michigan ruled it is necessary to temporarily release a prisoner pursuant to 18 U.S.C. § 3142(i)(4), due to the danger posed by the COVID-19 pandemic, which constitutes an independent compelling reason to release them from custody.
Research shows that prisoners and jail inmates are more likely than the general population to report experiencing infectious diseases, indicating that these individuals face a heightened risk during this pandemic. Section 3142(i) does not define “compelling reason,” and the Sixth Circuit has yet to interpret this statutory language. However, as courts across the country have begun to recognize, the global health crisis posed by COVID-19 necessitates informed, speedy, and preemptive action to reduce the risk of infection, illness, and death to prisoners and prison officials alike. See Xochihua-Jaimes v. Barr, No. 18-71460, ECF No. 53 (9th Cir. Mar. 23, 2020).
Under any possible interpretation of Section 3142(i)’s language, current events and a defendant’s particular vulnerability to the disease constitute a compelling reason for release under § 3142(i).
