United States v. Roscoe

455 F.Supp.3d 449

UNITED STATES of America, Plaintiff,

v.Kaylin Alexander ROSCOE, Defendant.

Case No. 19-cr-20537

United States District Court, E.D. Michigan, Southern Division.

Signed April 21, 2020

Devon E. Schulz, U.S. Attorney's Office, Detroit, MI, for Plaintiff.

Federal Defender, Nancy L. McGunn, Federal Defender Office, Detroit, MI, for Defendant.

OPINION AND ORDER DENYING WITHOUT PREJUDICE DEFENDANT'S EMERGENCY MOTION FOR REVOCATION OF DETENTION ORDER [#31]

Gershwin A. Drain, United States District Court Judge

I. INTRODUCTION

On January 6, 2020, pursuant to a Rule 11 plea agreement, Defendant Kaylin Alexander Roscoe ("Defendant") pleaded guilty to one count of possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922(g)(1) and one count of possession with intent to distribute a controlled substance in violation of 21 U.S.C. § 841(a)(1). ECF No. 26. Defendant was initially released on an unsecured bond until January 27, 2020, when he consented to this Court's revocation of his bond. ECF Nos. 25, 27. He is scheduled to be sentenced on May 19, 2020. ECF No. 30.

Presently before the Court is Defendant's Emergency Motion for Revocation of Detention Order, filed on April 8, 2020. ECF No. 31. The Government filed a Response on April 13, 2020. ECF No. 32. Upon the Court's request, ECF No. 33, the Government filed Defendant's medical records under seal, ECF No. 34. Defendant filed a supplemental brief to provide anecdotal information related to his health. ECF No. 35. A hearing on Defendant's Motion was held on April 20, 2020. ECF Nos. 36, 37. For the reasons that follow, the Court will DENY WITHOUT PREJUDICE Defendant's Emergency Motion [#31].

II. BACKGROUND

Defendant is twenty-seven years old and has resided in Detroit, Michigan for his entire life. Def's Presentence Investigation Report 17–18. On July 22, 2019, agents from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) executed a search warrant for Defendant at 20124 Tireman, Detroit, Michigan. ECF No. 1, PageID.3. Defendant was in the residence, along with an adult female and two minor children. ECF No. 26, PageID.67; ECF No. 32, PageID.116.

During their search, agents located one knotted baggie, with approximately five gross grams of suspected heroin, on the kitchen counter; one knotted baggie, with approximately one gram of suspected heroin, on the microwave; and two digital scales. ECF No. 26, PageID.67. They also discovered a razor next to a box of baggies. ECF No. 32, PageID.116. Lab testing later revealed that a fentanyl mixture was contained in the baggies. ECF No. 26, PageID.67. In addition, agents found a Smith & Wesson Model M&P .380 caliber semiautomatic pistol, which was loaded with one live round. ECF No. 1, PageID.3. A .380 magazine and thirty-six rounds of .45 caliber ammunition were also discovered. ECF No. 32, PageID.118. Defendant acknowledged possession of the firearm, explaining that he obtained it for protection. Id. He also admitted to possessing the controlled substances, asserting that they were for personal use. Id.

Defendant was arrested on a criminal complaint for two offenses: (1) felon in possession of a firearm; and (2) possession with intent to distribute heroin. ECF No. 1. On July 26, 2019, United States Magistrate Judge Mona K. Majzoub released Defendant on bond with several conditions. ECF No. 9; see also ECF No. 32, PageID.119. Defendant complied with many of the conditions, including reporting to Pretrial Services; attending substance abuse counseling; and remaining employed. ECF No. 31, PageID.99. In his instant Motion, Defendant concedes that he came before the Court "several times for review of his overall performance on bond, specifically as it related to his use of marijuana." Id. at PageID.99–100. The Court takes notice that while under Pretrial Services supervision, Defendant tested positive for marijuana on eight occasions. Def's Presentence Investigation Report 19.

On January 6, 2020, Defendant pleaded guilty to possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922(g)(1) (Count One) and possession with intent to distribute a controlled substance in violation of 21 U.S.C. § 841(a)(1) (Count Two) of the First Superseding Indictment. ECF No. 26. On January 10, 2020, Pretrial Services petitioned the Court to order Defendant to appear for a bond review hearing, asserting that Defendant was in violation of his bond by continuing to test positive for marijuana. ECF No. 25, PageID.63–64. The Court conducted a hearing on January 27, 2020. ECF No. 25. At the hearing, Defendant consented to the Court's revocation of his bond. ECF No. 27. Defense counsel represented that she and Defendant reviewed his failure to comply with the Court's "clear directive," as well as Defendant's "circumstances, what he's been going through really on a daily basis in terms of stress and life." Further, counsel explained that Defendant had been "working and trying very hard but recognizes that he's fallen short certainly as it relates to the continued testing positive[.]"

Defendant is currently being held at St. Clair County Jail. ECF No. 31, PageID.100. He alleges that he has struggled with asthma since childhood. ECF No. 31, PageID.108. Pretrial Services documented Defendant's reportedly "frequent" hospitalization as a child due to his asthma. Def's Presentence Investigation Report 18. It also included Defendant's alleged use of an Albuterol inhaler in its report. Id. On April 13, the Court ordered the parties to submit medical records, as well as any supplemental documents related to Defendant's purported medical condition. The Government timely filed Defendant's medical records from St. Clair County Jail under seal. ECF No. 34. Defendant timely filed a supplemental brief to provide anecdotal information related to his health. ECF No. 35.

III. LAW & ANALYSIS

A. COVID-19

COVID-19 is an abbreviation for the novel coronavirus disease of 2019, a respiratory illness that spreads easily and sustainably in the community through respiratory droplets produced when an infected person coughs or sneezes. See Centers for Disease Control and Prevention Coronavirus Disease 2019 Frequently Asked Questions , Center for Disease Control https://www.cdc.gov/coronavirus/2019-ncov/faq.html#How-COVID-19-Spreads (last updated Apr. 13, 2020). While it is thought that people are most contagious when symptoms are present, the virus has also been detected in asymptomatic persons. See id.

There is no vaccine to prevent COVID-19, nor is there antiviral medication that can treat it. Id. ; see also ECF No. 132, PageID.614. According to the Center for Disease Control ("CDC"), "[t]he best way to prevent illness is to avoid being exposed to the virus." Id. The CDC recommends, among other things, that people clean their hands often or use hand sanitizer when soap is unavailable; avoid close contact with other people (at least six feet in distance); and clean and disinfect frequently touched surfaces daily, such as tables, doorknobs, light switches, and countertops. Id. The CDC also recommends that if an individual becomes sick, he or she should isolate from others by staying in a specific sick room and using a separate bathroom if available. Id.

The CDC has indicated that certain classes of individuals are at higher risk for developing severe illness if exposed to COVID-19. Id. Older adults—65 or older—and people suffering from underlying medical conditions, such as moderate to severe asthma, chronic lung disease, serious heart disease, severe obesity, diabetes, liver disease, kidney disease ; or people who are immunocompromised; and those who have prolonged use of corticosteroids and other immune weakening medications are at higher risk of exposure to COVID-19. Id. In the instant case, Defendant alleges that he has struggled with asthma since childhood. ECF No. 31, PageID.108. Further, the Court takes notice that, as of April 14, 2020, Defendant is using an inhaler for his condition. ECF No. 35, PageID.239. While it has been accepted that older adults are the most vulnerable, the CDC reported that 38% of the 508 hospitalized patients were younger–between 20 and 54 years of age. See Severe Outcomes Among Patients with Coronavirus Disease 2019 (COVID-19)–United States, February 12-March 16, 2020 , Center for Disease Control (Mar. 18, 2020), https://www.cdc.gov/mmwr/volumes/69/wr/mm6912e2.htm.

At the time of this writing, the majority of states have issued stay-at-home orders, including Governor Gretchen Whitmer of Michigan. Governor Whitmer issued a state of emergency when the State's first two cases of coronavirus were reported on March 10, 2020. Executive Order, No. 2020-04 (Mar. 10, 2020). Governor Whitmer has since issued a series of other executive orders to help prevent the spread of this novel disease. See Executive Orders , Michigan.gov, https://www.michigan.gov/whitmer/0,9309,7-387-90499_90705---,00.html (last visited Apr. 15, 2020). Even with such executive action, Michigan continues to experience staggering numbers of confirmed COVID-19 cases and deaths. At the time of this writing, there are 32,000 cases confirmed cases in Michigan. See MDOC Response and Information on coronavirus (COVID-19) , Medium, https://medium.com/@MichiganDOC/mdoc-takes-steps-to-prevent-spread-of-coronavirus-covid-19-250f43144337 (last updated Apr. 20, 2020) [hereinafter Medium MDOC Response and Information]. There are now 2,468 lives lost to COVID-19 in Michigan alone. Coronavirus – Michigan Data , Michigan.gov, https://www.michigan.gov/coronavirus/0,9753,7-406-98163-520743--,00.html (last updated Apr. 20, 2020).

Incarcerated individuals, and the employees who work in correctional institutions, are not immune to this pandemic. See ECF No. 132, PageID.613. Indeed, these individuals face an even greater risk. On March 23, 2020, the CDC acknowledged that correctional and detention facilities "present[ ] unique challenges for control of COVID-19...