Gouveia filed for compassionate release, but the court concluded that he did not demonstrate compelling circumstances justifying early release because although Gouveia could be considered obese, this condition is not sufficient, by itself, to be an exceptional reason warranting a sentence reduction. Also, the court noted that because Gouveia recovered from a relatively mild case of COVID-19, he was not likely at an increased risk of a severe case of COVID-19 should he be reinfected. Gouveia's expert witness, Dr. Venter, offered a summary of the current state of the Lompoc complex, calling the COVID-19 outbreak "one of the nation's most overwhelming." However, the court considered the lack of active cases in the facility to determine that Gouveia was not in immediate danger of contracting COVID-19. Lastly, citing the 3553(a) factors, the court reasoned that Gouveia's sentence already fell on the low end of the sentencing guideline range, and he still had 7 years left on his sentence, so justice would not be served if he were released.
United States v. Gouveia, No. CR 08-00739-SOM-2, 2020 WL 6065299 (D. Haw. Oct. 14, 2020)
Criminal (Federal Charges)
Type of Court
Federal District Court
Type of Case
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Compassionate Release Case
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Name of Facility
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
three drug crimes for possessing methamphetamine with the intent to distribute
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.
Pre-Existing Health Conditions
Pre-Existing Health Conditions Notes
Obesity (BMI not specified)
COVID-19 Positive or Symptomatic
COVID-19 in Jail Prison or Detention Center
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.