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Man From Ecuador Is Detained Amid COVID Citing Safety Valve Talks But Still No Plea

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - The Source

SDNY COURTHOUSE, Nov 27 – Junior Vladimir Jiminez-Castillo, originally from Ecuador, sought release from jail amid COVID-19.

On June 12 U.S. District Court for the Southern District of New York Judge Sidney H. Stein held a public proceeding. Inner City Press covered and live tweeted it.  

 Judge Stein said there's more asthma in poor communities.     Jiminez' lawyer said that his sister lives in Newark; he would not flee back to Ecuador.    

AUSA Kyle Wirshba said, The defendant has been prescribed an inhaler, that's it. But the presumption has not been met. The defendant sold heroin. He's only been in the US since 2017 and this is not his first time dealing narcotics. So there's a danger to the community. He is not a citizen yet he broke this country's laws. The defendant's submission is partly under seal. But he has already spoken with the government, indicating that this will result in a plea. And then deportation. So there is no motivation to come back to court.  

  Judge Stein asked, Wasn't he being cooperative? 

   AUSA: He was not seeking to cooperate, just to get the safety valve.    

 Jiminez' lawyer said, He was honest, he was truthful. With the safety valve, he could get much less than the 10 year mandatory minimum. He probably couldn't get out of the country right now anyway.   

Judge Stein: The presumption has not been overcome here. He has contacts with Ecuador. The virus seems to be contained in the MCC. There's an argument he might be safer inside - though I'm not making it in this case. He's 24, lower risk group. Very serious crime, certainly more than one criminal. Not his first rodeo. The defendant's application for release on bail is denied.

The case is US v. Jimenez-Castillo, 19-cr-570 (Stein).

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