Opinion
CR-22-00725-021-PHX-DLR
10-06-2022
United States of America, Plaintiff, v. Gary Lister, Defendant.
ORDER
Douglas L. Rayes United States District Judge.
Defendant is charged with Conspiracy to Possess with Intent to Distribute Cocaine and Possession with Intent to Distribute Cocaine. At his detention hearing before a Magistrate Judge, Defendant was ordered detained pending trial as a danger to others and the community, and a flight risk. (Doc. 169.) His appeal of the order was denied; this Court affirmed the Magistrate Judge's findings that he is a danger and flight risk. (Doc. 205.) At the hearing before this Court, the Defendant indicated that he was not receiving the medication needed to address his cardiac conditions and he had a knot on his leg that he related to his heart and which he contended had not been adequately addressed. The Court ordered the Government to file a status report regarding the medical care Defendant was receiving while in-custody. The status report filed by the Government outlined the care.
Defendant now moves for release for health reasons. (Doc. 220.) Defendant represents that as of September 23, 2022, he has not been receiving necessary medical care, including the ultrasound of the lump on his leg which Defendant had argued to the Court was ordered by the doctor and was necessary for the proper care of his cardiac condition. He seeks to be released pending trial so that he may receive the “health care he needs which the custodial facility is not providing.” (Id. at 2.) The Government's response shows that, according to medical records, Defendant is being treated for a cardiac condition with medication and has access to medical care. An ultrasound of the lump on his leg had been scheduled for October 4, 2022, but was rescheduled for October 18, 2022.
Although Defendant has physical signs-a lump, which could be indicative of an underlying medical condition-there is nothing presented to the Court to indicate a delay until October 18 for the ultrasound presents an undue risk to Defendant's health. Defendant has not met his burden. Absent evidence of extraordinary circumstances, such as that timely medical treatment necessary for Defendant's health is being withheld, there is no basis for the Court to consider a compassionate release from detention pending trial. The records supplied by the Government show that Defendant's cardiac condition is being addressed and there is nothing presented to establish that the medical care provided is inadequate or does not meet the standard of care for the treatment of Defendant's particular medical needs.
IT IS ORDERED that Defendant's motion for release (Doc. 220) is DENIED.