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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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