DOJ-OGR-00020011.pdf

Case 21-58, Document 39-2, 04/01/2021, 3068530, Page152 of 200 court is greatly concern by the Bureau of Prisons' ability to keep inmates and detainees safe during the health crisis and has found those considerations to be significant in other cases. The argument nonetheless fails in this case for several reasons. Most importantly, unlike almost all of the cases in which this court has granted release as a result of COVID-19, Ms. Maxwell has not argued that her age or underlying health conditions make her particularly susceptible to medical risk from the virus. In other words, she doesn't argue that she is differently situated than many other federal inmates with respect to the risk posed by COVID-19. In light of the substantial reasons that I have already identified favoring Ms. Maxwell's detention and her not making any arguments based on her age or health, the COVID-19 pandemic alone does not provide grounds for her release. Second, the defense argues that pretrial release is necessary for Ms. Maxwell to prepare her defense, as COVID-19-related restrictions at the prison at which she is held, the MDC, will hamper her ability to meet counsel and review documents. The court notes that this case is at the early stages. There will be no hearings, let alone a trial, for a significant period of time. The case does stand in stark contrast to United States v. Stephens, invoked by the defense, in which this court at the beginning of the pandemic granted temporary release to a defendant who was scheduled to have an SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00020011