Benitez filed a motion for Compassionate Release after serving over 33 months of a 42-month sentence. The court granted the motion because, although Benitez has prior convictions for drugs and violence and was convicted of participating in two drug conspiracies, "it appears his drug addiction fueled his behavior" and "[h]e has done well to avoid further instances of substance abuse since his arrest." In addition, "[w]ithout a clear diagnosis of his cardiac issues, the Court [found] Defendant’s continued presence at the halfway home present[ed] an extraordinary and compelling medical reason for his early release."
United States v. Benitez, No. 1:17CR512, 2020 WL 6820854 (N.D. Ohio Oct. 2, 2020)
DETAILS
Decision
Date
10/02/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Ohio
Type of Case
Individual
Case Characteristics
Pre-Existing Health Conditions
Release Granted
Yes
Compassionate Release Case
Yes
Case Tracking Number
1:17-cr-00512-CAB
MORE CASE INFORMATION
Court Name
N.D. Ohio
Decision
Motion Granted
Place of Incarceration
Other, Unspecified halfway house in Cincinnati
Legal Authority
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Release Conditions
"Defendant must submit a negative COVID-19 test prior to his release. He must provide proof of medical insurance to his Probation Officer. Upon release from the facility, the Court imposes home detention until December 1, 2020 at the location approved by the Probation Office. Defendant must also report to the Probation Office within 72 hours of his release from the facility. Furthermore, Defendant must provide his Probation Officer with the results from further medical tests and treatments. Finally, Defendant must follow all CDC recommendations for “at- risk” persons."
Convictions
He pleaded guilty to all counts in "two separate indictments involving two distinct drug trafficking organizations"
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