Case 1:20-cr-00078-AT Document 101 Filed 04/14/20 Page 1 of 2
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
`UNITED STATES OF AMERICA,
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`ELIJAH BURT,
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` Defendant.
`ANALISA TORRES, District Judge:
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`-against-
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`USDC SDNY
`DOCUMENT
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`ELECTRONICALLY FILED
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`DOC #: __________________
`DATE FILED: _4/14/2020____
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`20 Cr. 78-10 (AT)
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`ORDER
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`Defendant, Elijah Burt, is detained at the Metropolitan Correctional Center, see Def. Letter
`at 2, ECF No. 90, awaiting trial on one count of racketeering conspiracy, in violation of 18 U.S.C.
`§ 1962; and one count of aiding and abetting an assault with a dangerous weapon in aid of
`racketeering, in violation of 18 U.S.C. §§ 1959(a)(3) and 2. See Indictment, ECF No. 1. Now
`before the Court is Defendant’s application for temporary release on bail pursuant to 18 U.S.C.
`§ 3142(i), based on: (1) the health risks posed by COVID-19, and (2) Sixth Amendment access to
`counsel. See generally Def. Letter.
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`The Court has authority to grant Defendant temporary release pursuant to § 3142(i), which
`provides that a court “may . . . permit the temporary release of the person, in the custody of a
`United States marshal or another appropriate person, to the extent that the judicial officer
`determines such release to be necessary for preparation of the person’s defense or for another
`compelling reason.” 18 U.S.C. § 3142(i). A court must, however, “balance the reasons advanced
`for such release against the risks that were previously identified and resulted in an order of
`detention. In turn, whether temporary release under § 3142(i) is proper requires the individualized
`analysis of the facts of each case.” United States v. Chambers, 20 Cr. 135, 2020 WL 1530746, at
`*1 (S.D.N.Y. Mar. 31, 2020) (internal quotation marks and citation omitted).
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`In reviewing Defendant’s application, the Court has considered the factors under § 3142(g),
`which are: (1) “the nature and circumstances of the offense charged, including whether the offense
`is a crime of violence . . . or involves . . . a . . . firearm”; (2) “the weight of the evidence against the
`person”; (3) the history and characteristics of the person”; and (4) “the nature and seriousness of
`the danger to any person or the community that would be posed by the person’s release.” 18
`U.S.C. § 3142(g).
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`The Court concludes that release is not appropriate, due to the dangerousness of the
`Defendant, who is alleged to have participated in the beating and slashing of a rival gang member,
`as well as armed robberies. Gov’t Letter at 4, 6, ECF No. 92; see also id. at 4–6 (summarizing
`surveillance video evidence showing an individual, alleged to be Defendant, repeatedly kicking the
`victim in the head). Moreover, Defendant, who is 22 years old, does not suffer from any apparent
`medical conditions designated as high risk factors for COVID-19. See id. at 7–8. Last,
`Defendant’s request for release is not compelled under the Sixth Amendment; with trial scheduled
`for nine months from now, this case is distinguishable from other instances in which an imminent
`evidentiary hearing may support a defendant’s temporary release. See, e.g., United States v.
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`Case 1:20-cr-00078-AT Document 101 Filed 04/14/20 Page 2 of 2
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`Stephens, 15 Cr. 95, 2020 WL 1295155, at *3 (S.D.N.Y. Mar. 19, 2020) (concluding that
`temporary release was justified in part to enable the defendant to prepare for an evidentiary hearing
`only six days away).
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`Accordingly, Defendant’s application for temporary release is DENIED. The Clerk of
`Court is directed to terminate the motion at ECF No. 90.
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`SO ORDERED.
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`Dated: April 14, 2020
` New York, New York
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