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- ilnd;;1:20-cv-01792_de478 RegisterActionDate "2020-04-25" @default.
- ilnd;;1:20-cv-01792_de478 RegisterActionDescriptionText "MINUTE entry before the Honorable Virginia M. Kendall who addressed matter as the designated emergency Judge as to Myrio Shields. Defendant Shields is serving a 4-month sentence for violating his supervised release. Shields served nearly ten years for crack cocaine distribution and was also placed on 8 years of supervised release. After he was released from prison in March of 2018, he began a string of violations. Over the following three years, the assigned Probation Officers filed approximately fourteen violation reports outlining over 30 violations including positive drug tests (for cocaine, MDMA, and marijuana), failure to report for drug screenings, failure to attend drug counseling, traveling outside of the district without permission, driving on a suspended license, failure to surrender to state authorities on a warrant as instructed, state arrests for domestic battery and harassment, failure to report to the Salvation Army as directed, flushing items down a toilet at the Salvation Army during an inspection, and failure to attend a Second Chance Reentry meeting as directed. Judge Ellis gave repeated warnings to him and then on March 4, 2020, held a revocation hearing and revoked him. He now seeks to be released from the MCC because he claims that he has asthma and that the MCC is not a safe place for him to be. He mistakenly believes that he would be placed on home detention by now if he had been designated to a facility. If Shields is seeking a First Step Act compassionate release, he has failed to exhaust his remedies by first seeking such relief from the institution itself. Nor can he demonstrate extraordinary or compelling reasons to justify his requested relief. The Court assumes that his asthma (which the Court will assume is true even though no medical records have been provided) is being treated and his fear of possibly contracting the virus is not sufficient to release him. Further, the MCC, although currently treating a number of COVID-19 infected inmates, has a robust plan in place to separate infected inmates from the other floors. It is not true, as Shields alleges in his motion, that there have been deaths at the MCC. In fact, two of the hospitalized inmates have been released and were brought back to the MCC where they are being appropriately isolated. Only one other inmate is in the hospital. All other inmates are being treated. With 4% of the population infected, the MCC is actually at one of the lower rates among the many zip codes covered by the Northern District of Illinois, so it cannot be said that MCC is not capable of handling any medical condition that Shields may have. The Court notes in the interest of accuracy that the Government's position paper was inaccurate regarding asthma not being a precondition. The CDC states that asthma that is moderate or severe is such a condition. Regardless, the Court has nothing before it to determine the severity of Defendant's condition, only the generalized statement that he has it. The long history of violations suggest that he is not amenable to court supervision and has already put a significant strain on the Pretrial Services Department which is now under even more strain to monitor defendants. The Court denies Defendant's emergency motion for release to home confinement 432 (Dkt. 37 in 17 CR 130). Mailed notice (lk, ) (Entered: 04/25/2020)" @default.
- ilnd;;1:20-cv-01792_de478 AdministrativeID "461" @default.
- ilnd;;1:20-cv-01792_de478 hasReferenceToOtherEntry ilnd;;1:20-cv-01792_de449 @default.