The court denied Gonzalez's requests for compassionate release because Gonzalez failed to show that he had extraordinary and compelling reasons for release under 18 U.S.C. § 3582. The court noted the speculative and unsubstantiated nature of Gonzalez's claim of prostate cancer, and that his weight, blood pressure, and signs of cardiac disease did not significantly diminish his ability to care for himself in prison. The court also found Gonzalez to be a danger to the community, and had served only half of a 180-month sentence.
United States v. Gonzalez, No. 13-cr-60034-RKA, 2020 WL 5801055 (S.D. Fla. Sept. 29, 2020)
DETAILS
Decision
Date
09/29/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Florida
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Significant Criminal History
Release Granted
No
Compassionate Release Case
Yes
Case Tracking Number
13-cr-60034-RKA
MORE CASE INFORMATION
Court Name
S.D. Fla.
Decision
Motion Denied
Place of Incarceration
Federal Prison
Name of Facility
FCI Jesup
Legal Authority
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Convictions
attempt to distribute cocaine; possession of a firearm in furtherance of a drug trafficking crime
Cancer (suspected prostate cancer "although medical availability issues at Jesup FCI prevent a firm diagnosis"); Obesity (weighs over 300 pounds)
COVID-19 Positive or Symptomatic
Not Discussed
COVID-19 in Jail Prison or Detention Center
Not Discussed
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