The court granted compassionate release under the First Step Act for Defendant who had served 1 month on her 10 month conviction for conspiracy to commit mail and wire fraud. The court found: (a) Defendant's age (64) and chronic obstructive pulmonary disease (COPD), which had worsened in prison, constituted compelling and extraordinary reasons favoring release and (b) defendant did not pose a risk to the community. The Court held that Defendant had exhausted her administrative remedies by petitioning the BOP, giving them notice, and being told she does not have any other administrative path or remedies she can pursue (because Defendant was not yet in a designated facility, there was no one able to process her request).
United States v. Gonzalez, No. 18-cr-232 (TOR), 2020 WL 1536155 (E.D. Wash. Mar. 31, 2020)
DETAILS
Decision
Date
3/31/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Improved Conditions, Preliminary Injunction (PI), Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Location
Washington
Type of Case
Individual
Case Characteristics
Elderly, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Release Granted
Yes
Compassionate Release Case
Yes
Compassionate Release Specific Characteristics
Only served a small portion of their sentence (less than 33%)
Time served, remainder of detention (8 months) in home confinement.
Convictions
Conspiracy to commit mail and wire fraud.
Case Status
Decision Made
Compassionate Release Exhaustion Holdingsin Federal Case
Other, The Bureau of Prisons communicated that because Defendant was not yet in a designated facility there was no one able to process her request. Defendant has effectively exhausted her administrative remedies by petitioning the BOP, giving them notice, and being told she does not have any other administrative remedies.
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