Nkanga v. United States

Background

Dr. Nkanga Nkanga had filed a motion under 28 U.S.C. § 2255 seeking to vacate his conviction and sentence. He also moved for bail while that motion was being considered, citing the COVID-19 pandemic. The government consented to the latest bail request.

Court’s analysis

The court found that Nkanga’s Section 2255 motion raised at least one substantial claim. Specifically, the court identified the claim that defense counsel provided ineffective assistance before and during sentencing by failing to request bail pending sentencing and a voluntary surrender date. The court also found that extraordinary or exceptional circumstances made bail necessary to make the requested relief effective.

The court identified the relevant circumstances as Nkanga’s age, multiple health problems, the nature of his offense, the timing of his March 12, 2020 sentencing in relation to the emerging pandemic, and conclusions reached in earlier parts of the litigation concerning his health, apparent lack of dangerousness, and apparent lack of flight risk. The court did not decide the Section 2255 motion itself in this order.

Ruling and conditions

Judge Jesse M. Furman granted Nkanga’s motion for bail pending adjudication of the Section 2255 motion, on the government’s consent. The court ordered immediate release subject to these conditions:

- A $500,000 personal-recognizance bond signed by Nkanga and co-signed by three financially responsible people. - Home incarceration at a residence approved by Pre-Trial Services, enforced through location-monitoring technology. Nkanga could leave only for emergency medical services unless the court approved other leave. - No visitors at the residence except family members. - Installation of location-monitoring equipment no later than 14 days after release, unless the court approved otherwise; Nkanga was to self-quarantine at home during that period. - Contact with Pre-Trial Services 10 days after release to arrange the equipment. - Permission to install the equipment himself if Pre-Trial Services approved and directed the installation. - Purchase or acquisition of an iPhone with FaceTime capability within two weeks for remote monitoring. - Compliance with all other standard supervised-release conditions, including not committing crimes or possessing a firearm. - Surrender of personal travel documents not already held by Pre-Trial Services and no new applications for travel documents. - Supervision by Pre-Trial Services as directed in the Southern and Eastern Districts of New York. - Immediate disclosure to Pre-Trial Services if Nkanga or any person living with him developed illness symptoms, and reporting as directed.

The court directed the government to arrange for signing the bond and directed defense counsel, with the government’s cooperation, to arrange transportation to Nkanga’s residence. Unless the court ordered otherwise, the parties were to appear for a July 13, 2020 status conference concerning bail and the next steps in the litigation. The clerk was directed to terminate ECF No. 94 as moot.