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In SDNY Defendant With One Lung Is Not Sent to MCC Where New Coronavirus Case Cited

By Matthew Russell Lee, Patreon
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SDNY COURTHOUSE, March 24 -- A defendant was brought in by U.S. Marshals in masks, twice on March 24, to the U.S. District Court for the Southern District of New York Magistrates Court.

  His lawyer argued to Magistrate Judge Sarah L. Cave not to detain him in the MCC jail, amid the Coronavirus crisis, as he has only one lung.

Judge Cave consulted the papers in front of her and noted that he smoked marijuana, despite the one lung. 

 First the proceeding was put on for a second call, so that Pre Trial Services could speak to the defendant's father to verify where he lives.

    The defendant's name was pronounced a "Benny Uceta," but since no such name shows up in the PACER database for the SDNY, Inner City Press asked for the docket number and was told it wasn't available. 

  It's a shame, because it's a case in which after hearing of a new case of COVID-19 in the MCC and the lock-down of 11 North there, Judge Cave showed compassion and allowed the defendant, Benny Uceta or otherwise, to be released that same day with his one lung.

  Inner City Press aims to have more about this case, which is apparently assigned to SDNY District Judge Sidney H. Stein.


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