Eastern District of California Blog

EDCA COVID-19 Compassionate Release Grants

Although I may have missed some, here's a list of EDCA district court orders granting a federal inmate's motion to reduce sentence to time-served under 18 U.S.C. § 3582(c)(1)(A) based on COVID-19:

1)  U.S. v. Sewell, No. 05-CR-00554-TLN (6/5/2020, USP Lompoc);

2)  U.S. v. Head, No. 2:08-CR-0093-KJM (6/15/20, USP Lompoc); 

3)  U.S. v. Richardson, No. 2:17-CR-0048-JAM (6/19/20, FCI Terminal Island);  

4)  U.S. v. Davis, No. 2:15-CR-0062-TLN (6/23/30, FMC Lexington); and

5)  U.S. v. Bradley, No. 2:14-CR-0293-KJM (7/7/20, FCI Sheridan).

 

Las Vegas Man Sues Sacramento Over Law Criminalizing Refusal to Stand During National Anthem

Per today's Sacramento Bee,

The debate over whether people should stand for the playing of the national anthem has now come to Sacramento, courtesy of a federal lawsuit filed against the city by a Las Vegas man who says he is afraid he could be arrested if he refuses to stand for the song at future Sacramento Kings games.

Jack Lipeles, who has operated jewelry and car service businesses and has been dubbed the “Jeweler to the Stars” because of his business and social ties to celebrities such as former boxing champ Mike Tyson, filed the suit last week alleging that Sacramento’s city code makes refusing to stand for “The Star-Spangled Banner” a crime.

“Plaintiff is unwilling (and should not be required) to subject himself to criminal prosecution in order to preserve his constitutionally (protected) right to freedom of speech,” the lawsuit says. “Consequently, it is impossible for Plaintiff to attend Kings game(s) but not stand for the Anthem.”

Although I applaud the First Amendment principle at issue here, this lawsuit seems more form than substance.  As a Kings season ticket holder, I can say that I've seen people sit (or kneel) during the National Anthem numerous times without repercussions.   And Judge England should have plenty of time to deal with this suit as I doubt there will be Kings games with fans in Sacramento any time this year--and maybe not next year either.  See Lipeles v. City of Sacramento, No. 2:20-CR-1328-MCE.

Sacramento and Fresno County Jails and COVID-19

Per articles in the Davis Vanguard and Sacramento Bee, Sacramento County Public Defenders filed last week a 400-page pleading asking the California Supreme Court to take action to "order the Sheriff to engage in life-saving measures" to prevent inmates' death from COVID-19.   

The Sacramento News & Review reports that U.C. Davis Medical Center has pulled its psychiatric residents from working at the Main Jail because of correctional officers' failure to wear masks.  

And as bad as things are in the Sacramento jail, it looks worse in the Fresno County jail where over 600 inmates have tested positive for COVID-19.  ABC 30, 7/30/20