Matches in SCALES for { <scales/DocketEntry/ilnd;;1:16-cr-00463_de2219> ?p ?o ?g. }
Showing items 1 to 7 of
7
with 100 items per page.
- ilnd;;1:16-cr-00463_de2219 RegisterActionDate "2020-07-23" @default.
- ilnd;;1:16-cr-00463_de2219 RegisterActionDescriptionText "MINUTE entry before the Honorable Virginia M. Kendall as to Juan Jiminez. Defendant 2CAA173 has filed a motion for release on bond pending sentencing 2166 . In 2016, 2CAA173 and multiple other defendants were charged with crimes related to their involvement with the Latin Kings street gang (Dkt. 2 ). 2CAA173 was released on bond pending trial (Dkt. 157 ). A Superseding Indictment 1383 charged 2CAA173 with conspiracy to commit racketeering, in violation of 18 U.S.C. §§ 2, 1962(d). In April 2019, a jury convicted him on that count, and he was detained (Dkt. 1594 ). He awaits sentencing, pending posttrial briefing, which has yet to be completed due to changes in a codefendant's counsel and the COVID-19 pandemic. Pursuant to 18 U.S.C. § 3143(a)(1), a person who has been found guilty and is awaiting sentencing (other than those who may not face imprisonment), shall "be detained, unless the judicial officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to the safety of any other person or the community if released." Although 2CAA173 remained on bond pretrial and appeared for trial, the Jury's verdict of guilt changes the circumstances. 2CAA173 has now been convicted for his involvement with the Latin Kings, and the jury heard evidence at trial that 2CAA173 was a leader in the gang. The Court concludes that releasing him would pose a danger to the community given that the trial revealed the Latin Kings' custom of retaliating against those who testify against them, among other violent acts. Should his posttrial motion be unsuccessful, he will almost certainly face imprisonment, which he was not certain to face prior to the Jury's verdict. The Court concludes that his impending imprisonment increases the risk that 2CAA173 may flee. 2CAA173 also cites COVID-19 as a reason he should be released. But he asserts only a generalized fear of COVID-19, he does not assert that he is currently at risk or that he suffers from any health conditions that would put him at risk for more severe consequences if he becomes ill. Further, this Court receives regular updates on the status of COVID-19 at the Metropolitan Correctional Center (MCC), where 2CAA173 is housed. The Court is confident that the MCC has been treating inmates appropriately, and the facility has had great success in curbing its outbreak, with only limited hospitalizations. Therefore, it cannot be said that the MCC is not capable of handling the pandemic situation. For these reasons 2CAA173 Motion for release from custody 2166 is denied. Mailed notice (lk, ) (Entered: 07/23/2020)" @default.
- ilnd;;1:16-cr-00463_de2219 AdministrativeID "2183" @default.
- ilnd;;1:16-cr-00463_de2219 hasReferenceToOtherEntry ilnd;;1:16-cr-00463_de0 @default.
- ilnd;;1:16-cr-00463_de2219 hasReferenceToOtherEntry ilnd;;1:16-cr-00463_de1651 @default.
- ilnd;;1:16-cr-00463_de2219 hasReferenceToOtherEntry ilnd;;1:16-cr-00463_de2202 @default.
- ilnd;;1:16-cr-00463_de2219 hasReferenceToOtherEntry ilnd;;1:16-cr-00463_de230 @default.