| Jail
Conditions in MDC Triggered
SDNY Judge to Keep Chavez Free
Now US Wants 48 Months
by
Matthew Russell Lee, Patreon Book
Substack
SDNY
COURTHOUSE,
May 16 – Conditions in the
Metropolitan Detention Center
in Brooklyn are leading
Federal judges to allow
convicts free on bond, most
recently in a January 4
decision.
On January 2
Moises Disla Ramos pleaded
guilty to an armed robbery of
victim(s) who came to buy a
car and then were shot, one in
the leg.
The plea
was before U.S. District Court
for the Southern District of
New York Judge Lewis J.
Liman. Inner City Press was
there, the only media in the
courtroom.
The Federal
Defender argued against the
presumptive immediate remand,
focusing on the conditions in
the MDC and citing two cases
by fellow SDNY District Judge
Paul A. Engelmayer.
Judge Liman
said he was not ruling that
the conditions in the MDC
could never constitute
extraordinary circumstances to
avoid remand after a plea -
but said in this case, he
would order remand. Reference
was made to having other
people's identity information.
Two days later on
January 4, fellow SDNY Judge
Jesse M. Furman allowed
Gustavo Chavez free pending
sentencing, in a 19 page
ruling largely about the MDC
and applicable case law,
concluding "continuing the
bail of a defendant like
Chavez, who has been 100%
compliant with the terms of
his release to date, does not
pose a
danger to anyone, and does not
present a risk of flight.
Accordingly, and for the
reasons
discussed above, the Court
finds that there are
“exceptional reasons”
justifying Chavez’s
continuing release pursuant to
Section 3145(c) and thus
grants his motion to continue
his
conditions of release through
the date of his sentencing."
While the
Chavez decision is debated -
and not followed by Judges
Cronan and most recently
Woods, on February 20 Federal
Defenders asked for 60 more
days out for Chavez, to
postpone his March 7
sentencing. It was, to May 23
at 2:30 pm
Then on May 9,
Federal Defenders put in their
sentencing memo for Chavez -
asking for time served, citing
among other things panic
disorder.
On May 16 the US
Attorney's Office requested
"at least 48 months."
The Judge
Liman case is listed as US v.
Ramos, 22-cr-431 (Liman)
The January 4
Judge Furman decision is in US
v. Chavez, 22-cr-303 (Furman)
More analysis and
comparison, including Epstein
echo, on Substack here
***
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