United States v. Joseph Windsor Speed
8:20-mj-01180
| D. Maryland | Jun 8, 2020Background
- Defendant Joseph Speed charged by complaint with conspiracy to distribute and possession with intent to distribute controlled substances (fentanyl) following three separate seizures involving fentanyl and firearms.
- Magistrate Judge Beth Gesner ordered Speed detained after a May 20, 2020 hearing, finding the offenses serious, the weight of the evidence strong (including gun linked to a homicide and inculpatory social-media posts), and that Speed continued illicit activity after prior seizures.
- Speed appealed the detention, arguing stringent conditions (e.g., home confinement) could mitigate risk and invoking 18 U.S.C. § 3142(i) to request temporary release due to COVID-19 risk given his medical history (asthma and prior lung surgeries/pneumothorax).
- Pretrial report showed Speed has no felony convictions but has a 2019 fleeing/ eluding conviction and failures to appear; he lacks a handgun license per the report.
- The government represented that Chesapeake Detention Facility (CDF) had few inmate COVID-19 infections and substantial mitigation measures; court found COVID-19 risk and Speed’s medical condition did not overcome detention factors.
- District court (Judge Hollander) conducted de novo review and affirmed the magistrate judge’s detention order on June 5, 2020.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether any condition or combination of conditions would reasonably assure community safety under 18 U.S.C. § 3142 | Government: serious controlled-substance + firearm-related conduct, strong evidence (seizures, social-media posts, ballistics), and defendant’s post-seizure conduct show danger; detention warranted | Speed: stringent conditions (home confinement, monitoring) would mitigate risk and assure public safety | Held: Detention affirmed; no conditions would reasonably assure community safety given nature of offenses, weight of evidence, and defendant’s record |
| Whether COVID-19 risk and defendant’s lung conditions constitute a "compelling reason" for temporary release under 18 U.S.C. § 3142(i) | Government: CDF has implemented precautions; low inmate spread as of record; COVID risk does not outweigh detention factors | Speed: asthma and prior lung surgeries make him especially vulnerable; CDF ill-equipped to manage outbreak, so temporary release is necessary | Held: § 3142(i) relief denied; defendant’s medical condition and CDF circumstances do not constitute a compelling reason in light of the § 3142(g) factors |
Key Cases Cited
- United States v. Salerno, 481 U.S. 739 (1987) (pretrial detention an exception to liberty norm)
- United States v. Stone, 608 F.3d 939 (6th Cir. 2010) (indictment establishes probable cause for presumption; Bail Reform Act framework)
- United States v. Mercedes, 254 F.3d 433 (2d Cir. 2001) (presumption remains a factor even if defendant rebuts burden of production)
- United States v. Jessup, 757 F.2d 378 (1st Cir. 1985) (defendant must produce some evidence to rebut detention presumption)
- United States v. Stewart, [citation="19 F. App'x 46"] (4th Cir. 2001) (burden of proof allocation: preponderance for flight risk; clear and convincing for danger)
- Brown v. Plata, 563 U.S. 493 (2011) (correctional facilities as breeding grounds for disease)