DOJ-OGR-00020011.jpg

Case 21-58, Document 39-2, 04/01/2021, 3068530, Page152 of 200 k7e2MaxC kjc 89 1 court is greatly concern by the Bureau of Prisons' ability to 2 keep inmates and detainees safe during the health crisis and 3 has found those considerations to be significant in other 4 cases. The argument nonetheless fails in this case for several a reasons. Most importantly, unlike almost all of the cases in 6 which this court has granted release as a result of COVID-19, 7 Ms. Maxwell has not argued that her age or underlying health 8 conditions make her particularly susceptible to medical risk 9 from the virus. In other words, she doesn't argue that she is 10 differently situated than many other federal inmates with 11 respect to the risk posed by COVID-19. In light of the 12 substantial reasons that I have already identified favoring 13 Ms. Maxwell's detention and her not making any arguments based 14 on her age or health, the COVID-19 pandemic alone does not 15 provide grounds for her release. 16 Second, the defense argues that pretrial release is 17 necessary for Ms. Maxwell to prepare her defense, as 18 COVID-19-related restrictions at the prison at which she is 19 held, the MDC, will hamper her ability to meet counsel and 20 review documents. The court notes that this case is at the 21 early stages. There will be no hearings, let alone a trial, 22 for a significant period of time. The case does stand in stark 23 contrast to United States v. Stephens, invoked by the defense, 24 in which this court at the beginning of the pandemic granted 25 temporary release to a defendant who was scheduled to have an SOUTHERN D STR CT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00020011