The court denied Gutierrez’s request for compassionate release on the ground that he has not provided enough evidence to demonstrate his compliance with the exhaustion requirement and that even assuming he has satisfied exhaustion, his conditions would not justify release. The court noted that his chronic medical conditions do not increase his risk of developing severe complications from COVID-19. Furthermore, the court noted that it is unlikely to conclude that Gutierrez does not pose a danger to society because he is yet to be evaluated by the BOP as to whether he is a sexually dangerous person subject to civil commitment.
United States v. Gutierrez, No. 12-CR-02222-WJ/KRS, 2020 U.S. Dist. LEXIS 196432 (D.N.M. Oct. 22, 2020)
DETAILS
Decision
Date
10/22/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
New Mexico
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Release Granted
No
Compassionate Release Case
Yes
Case Tracking Number
1:12-cr-02222-WJ-KRS
MORE CASE INFORMATION
Court Name
D.N.M.
Decision
Motion Denied
Place of Incarceration
Federal Prison
Name of Facility
FCI Big Springs
Legal Authority
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Convictions
Production of child pornography
Case Status
Decision Made
Pre-Existing Health Conditions
Age, Anxiety, Depression, Other, PTSD, Substance Use Disorder, Herpes Virus II and immunodeficiency stemming therefrom, spinal stenosis, sciatica, herniated vertebral disks, neuropathy, arthritis
COVID-19 Positive or Symptomatic
Not Discussed
COVID-19 in Jail Prison or Detention Center
Yes
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.