The court granted the individual's motion for compassionate release, concluding that he satisfied all the requirements, and noting that "as numerous courts have concluded, the threat of COVID-19 to those in prison constitutes an extraordinary and compelling reason for compassionate release, especially for those whose preexisting medical conditions put them at heightened risk.” Gonzalez had a “career” of crime spanning from 1997 to 2011 and was sentenced to a total of fourteen years in prison for several drug crimes (including one committed while on supervised release), and has served 8 of those years. The court noted that he has used to the time in prison to “better himself” and demonstrate that he is “turning his life around”; has received only one incident report since 2012 (non-violent), and is classified as posing no risk to public safety by his facility.
United States v. Gonzalez, 20-cr-01292-JMF, 21, (S.D.N.Y. May 28, 2020)
DETAILS
Decision
Date
5/28/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Preliminary Injunction (PI), Release
Type of Court
Federal District Court
Location
New York
Type of Case
Individual
Case Characteristics
Elderly, Immigrant Detention, Parole or Probation Violations, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Release Granted
Yes
Compassionate Release Case
Yes
Compassionate Release Specific Characteristics
Has a disciplinary history, Has a significant criminal history, Went to trial
Case Tracking Number
20-cr-01292-JMF
MORE CASE INFORMATION
Court Name
S.D.N.Y.
Decision
Motion Granted
Place of Incarceration
Federal Prison
Legal Authority
Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments), Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
Legal Authority
CARES Act, Pub. L. No. 116-136, First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A), § 2241 Habeas, § 2254 Habeas
Release Conditions
Four years of supervised release (12 months of which will be on home confinement, enforced by GPS monitoring).
Convictions
"In 2014, Gonzalez was sentenced to a total of fourteen years in prison for several drug crimes, including one committed while on supervised release. These offenses capped a “career” of crime spanning from 1997 to 2011"
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., Other, Gonzalez has met the exhaustion requirement (government did not contest)
He is 45 years old. His "chronic hypertension and obesity place him in this high-risk group"
COVID-19 Positive or Symptomatic
No
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.