The court rejected Gonzalez's motion for compassionate release, finding that he faced an increased vulnerability to COVID-19 due to his obesity but that this risk did not justify release. The court emphasized Gonzalez's lengthy criminal history in denying release, including his history of violent crime and the short time elapsed between prior releases and reoffense.
United States v. Gonzalez, No. 3:15-cr-00223-MPS, 2020 WL 5793304 (D. Conn. Sept. 29, 2020)
DETAILS
Decision
Date
09/29/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Connecticut
Type of Case
Individual
Case Characteristics
Parole or Probation Violations, Post-Conviction Detention [jail or prison], Significant Criminal History
Release Granted
No
Compassionate Release Case
Yes
Case Tracking Number
3:15-cr-00223-MPS
MORE CASE INFORMATION
Court Name
D. Conn.
Decision
Motion Denied
Place of Incarceration
Federal Prison
Name of Facility
FCI Danbury
Legal Authority
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A), Other, 18 U.S.C. § 3553(a); 28 U.S.C. § 994(t)
Convictions
Distribution of cocaine and crack cocaine
Case Status
Decision Made
Compassionate Release Exhaustion Holdingsin Federal Case
An individual can move for compassionate release after 30 days have passed from the date the application was submitted to the warden, irrespective of whether the warden has granted or denied the request.
Obesity (fluctuating BMI of between 30.5 and 34.6)
COVID-19 Positive or Symptomatic
Not Discussed
COVID-19 in Jail Prison or Detention Center
Not Discussed
Litigation Database
Crowdsourced legal documents from around the country related to COVID-19 and incarceration, organized, collected, and summarized for public defenders, litigators, and other advocates. Created and managed by Bronx Defenders, Columbia Law School’s Center for Institutional and Social Change, UCLA Law COVID-19 Behind Bars Data Project, and Zealous. Mostly federal court opinions, but now expanding to states and legal filings, declarations, and exhibits.
This resource is designed to help lawyers, advocates, researchers, journalists, and others interested in challenging, remedying, or drawing attention to the grave risk that Covid-19 poses to individuals who are detained.