Gomez v. United States of America
Plaintiff: Jorge Gomez
Defendant: United States of America
Case Number: 1:2017cv06190
Filed: August 15, 2017
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Paul G. Gardephe
Nature of Suit: Motions to Vacate Sentence
Cause of Action: 28 U.S.C. ยง 2255
Jury Demanded By: None
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Date Filed Document Text
October 1, 2021 Opinion or Order Filing 66 ORDER denying 65 Motion for Reconsideration re 65 MOTION for Reconsideration. filed by Jorge Gomez. "Petitioner has not demonstrate[d] controlling law or factual matters put before the court in its decision on the underlying matt er that... the court overlooked and that might reasonably be expected to alter the conclusion reached by the court." RST (2005) Inc. v. Research in Motion Ltd., 597 F. Supp. 2d 362, 365 (S.D.N.Y. 2009). While Petitioner presents a September 20 , 2021 email exchange with "MED Unit 3" -- presumably a division of FCI Allenwood, where Petitioner is incarcerated -- in which his request for compassionate release is denied, this Court's conclusion that Petitioner has not demonstra ted extraordinary and compelling circumstances remains unchanged. Accordingly, for the reasons stated in this Court's September 13, 2021 Order, the motion for reconsideration is denied. The Clerk of Court is directed to mail a copy of this order to Petitioner. SO ORDERED.. (Signed by Judge Paul G. Gardephe on 10/1/2021) (ks) Transmission to Docket Assistant Clerk for processing.
September 13, 2021 Opinion or Order Filing 61 ORDER denying 51 Motion re: 51 MOTION FOR COMPASSIONATE RELEASE OR REDUCTION OF SENTENCE UNDER 18:3582(c)(i)(A). For these reasons, Gomez's application for compassionate release is denied. The Clerk of Court is directed to termina te the motions (15 Cr. 348, Dkt. Nos. 240, 249; 17 Civ. 6190, Dkt. No. 51), and to mail a copy of this order to the Defendant. SO ORDERED. (Signed by Judge Paul G. Gardephe on 9/13/2021) (ks) Transmission to Docket Assistant Clerk for processing.
April 19, 2021 Opinion or Order Filing 50 ORDER: The Clerk of Court is directed to mail a copy of this Court's April 15, 2021 order (17 Civ. 6190, Dkt. No. 49) to Petitioner. SO ORDERED. (Signed by Judge Paul G. Gardephe on 4/19/2021) (ks) Transmission to Docket Assistant Clerk for processing.
August 8, 2020 Opinion or Order Filing 45 ORDER denying 40 Motion for Certificate of Appealability; denying 43 Motion. For the reasons stated above, Petitioner's motion for reconsideration of this Court's December 20, 2019 Order is denied. Petitioner's motion for a c ertificate of appealability is likewise denied. The Clerk of Court is directed to terminate the motions. (No. 17 Civ. 6190, Dkt. Nos. 40, 43; No. 15 Cr. 348, Dkt. Nos. 223, 226) Copies mailed by Chambers. So Ordered.. (Signed by Judge Paul G. Gardephe on 8/8/2020) Copies Mailed By Chambers. (js)
August 4, 2020 Opinion or Order Filing 44 MEMO ENDORSEMENT denying 41 PETITIONER'S MOTION TO BE TRANSFERRED TO HOME CONFINEMENT UNDER 18:3582 (c)(1)(A)(i). ENDORSEMENT: The application for compassionate release is denied. Gomez pled guilty to conspiring to distribute and possess w ith intent to distribute five kilograms and more of cocaine, in violation of 21 U.S.C. §§ 841(b)(1)(A) and 846. (Plea Tr. (Dkt. No. 106)) On April 14, 2017, this Court sentenced him to 155 months' imprisonment. (Sentencing Tr. (Dkt. No. 167) at 17) According to the Bureau of Prisons ("BOP") website, Gomez is currently being held at a prison camp located at FCI-Allenwood Medium, with a projected release date of October 7, 2026. In a July 6, 2020 submission, Gomez cont ends that he is entitled to compassionate release pursuant to 18 U.S.C. § 3582, because of risks to his health presented by the COVID-19 virus.(Def. Mot. (Dkt. No. 224)) Gomez claims that he suffers from "salmonella entercolitis...proctit is, cryptitis anal, and prostatitis." (Id. at 1-2) Gomez also claims that the BOP has not treated his colitis conditions and prostatitis adequately. (Id. at 2) As an initial matter, the Government has submitted medical records indicating that BOP medical staff diagnosed Gomez with colitis and conducted numerous follow-up assessments of that condition. (July 31, 2020 Govt. Ltr. (Dkt. No. 227), Ex. A) Accordingly, Gomez has not demonstrated that his colitis conditions and prostatitis is not being addressed. Moreover, these medical conditions do not make Gomez more susceptible to the COVID-19 virus, or cause him to have a worse prognosis if he were to become infected. See People Who Are at Higher Risk for Severe Illness, Centers f or Disease Control and Prevention, https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/people-at- higher-risk.html (last visited August 3, 2020). The Court also notes that according to the BOPs website FCIAllenwood Medium has not had a single documented case of COVID-19 among inmates. To grant compassionate release, a court must find "that such a [sentence] reduction is consistent with applicable policy statements issued by the Sentencing Commission," 18 U.S.C. § 3582, as set forth in Section 1B1.13 of the Sentencing Guidelines, which requires a court to find that "the defendant is not a danger to the safety of any other person or to the community, as provided in 18 U.S.C. § 3142(g)." U.S.S. G. § 1B1.13(1)(A). The fact that Gomez was convicted of conspiring to distribute and possess with intent to distribute five kilograms of cocaine demonstrates that he presents a danger to the community. 18 U.S.C. § 3142(e). Moreover, Gomez was convicted of multiple crimes before the instant offense, and was involved in large-scale distribution of heroin prior to his arrest in this case. (Sentencing Tr. (Dkt. No. 212) at 12-14) At sentencing, this Court concluded that Gomez presented a high risk of recidivism, and sentenced him to a term of imprisonment within the applicable Guidelines range of 140 to 175 months' imprisonment. (Id. at 14-15) Gomez has served less than half of his sentence, and has more than six years' ; imprisonment remaining. In sum, even if Gomez had demonstrated that he suffered from pre-existing conditions that make him more susceptible to the COVID-19 virus given the favorable conditions at FCI-Allenwood this risk is outweighed by compell ing evidence that Gomez's release at this time would compromise the safety of the community. For these reasons, Gomez's application for compassionate release is denied. See United States v. Eric Fernandez, No. 12-CR-844 (AJN), 2020 WL 303 4799, at *3 (S.D.N.Y. June 5, 2020) (denying compassionate release motion of 51-year-old Fort Dix inmate with hypertension and diabetes in part because he "played a significant role in trafficking a very large amount of cocaine" and &quo t;served only roughly half of his sentence"). The Clerk of the Court is directed to terminate the motions (15 Cr. 348, Dkt. No. 224; 17 Civ. 6190, Dkt. No. 41). A copy of this memo endorsement will be mailed to Defendant by Chambers. SO ORDERED. (Signed by Judge Paul G. Gardephe on 8/4/2020) (jca)
July 24, 2020 Opinion or Order Filing 42 MEMO ENDORSEMENT with respect to 41 PETITIONER'S MOTION TO BE TRANSFERRED TO HOME CONFINEMENT UNDER 18:3582 (c)(1)(A)(i). ENDORSEMENT: The Government is directed to respond by July 31, 2020. SO ORDERED. (Signed by Judge Paul G. Gardephe on 7/24/2020) (jca)
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