Robyn Fyffe ISB# 7063 FYFFE LAW LLC 800 W Main St, Ste 1460 Boise, Idaho 83702 Telephone: (208) 338-5231 Facsimile: (208) 917-4596
[email protected] Attorney for the Defendant IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO UNITED STATES OF AMERICA, Case No. Plaintiff, DEFENDANT’S MOTION FOR vs. IMMEDIATE RELEASE FROM CUSTODY IN RESPONSE TO COVID-19 JOHN DOE, BASED CONTINUANCE Defendant. [ECF No. __ & Gen. Order No. 360] Defendant John Doe hereby responds to the Court’s order continuing the final revocation hearing for Class C supervised release violations (ECF No. 53) and moves the Court for his immediate release from detention pending further supervised release proceedings. This motion is brought pursuant to Federal Rules of Criminal Procedure 32.1(a)(6) and 46(d), 18 U.S.C. 3143(a) and General Order 360. This motion is supported by the contemporaneously filed memorandum of counsel with exhibits, which establish that as an insulin-dependent diabetic with an underlying heart condition, Mr. Doe’s continued pre-trial confinement represents a grave risk to his life well- being. Mr. Doe violated his supervised release by testing positive for methamphetamine and not 1 DEFENDANT’S MOTION FOR IMMEDIATE RELEASE FROM CUSTODY IN RESPONSE TO COVID-19 BASED CONTINUANCE reporting for drug tests. The risk presented by ongoing substance abuse pales when compared to the grave risk to Mr. Doe by ongoing confinement in an environment long associated with high transmission of infectious disease and with no access to mental health or substance abuse treatment. The Court should order Mr.