Medina v. United States of America
| Robert Medina |
| United States of America |
| 1:2018cv00734 |
| January 25, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Paul G. Gardephe |
| Motions to Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
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Filing
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ORDER for 18 Report and Recommendations. Judge Lehrburger's R&R is adopted in its entirety, and Medina's petition for a writ of habeas corpus is denied. Because Petitioner has not made a substantial showing of the denial of a consti tutional right, a certificate of appealability will not issue under 28 U.S.C. § 2253. This Court certifies that under 28 U.S.C. § 1915(a)(3) any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for purposes of an appeal. The Clerk of Court is directed to close this case. So Ordered., (Signed by Judge Paul G. Gardephe on 10/18/20) Copies Mailed By Chambers. (yv)
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Filing
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MEMO ENDORSEMENT denying 22 MOTION to file a 3582, requesting "Compassionate Release". ENDORSEMENT: The application for compassionate release is denied. On July 25, 2014, following a jury trial, Medina was convicted of conspiracy to distribute and possess with intent to distribute marijuana, in violation of 21 U.S.C. §§ 846 and 841(b)(1)(D), and of using, carrying, and brandishing a firearm in connection with a drug trafficking crime, in violation of 18 U.S.C. 7; 924(c)(1)(A)(ii). (Verdict (Dkt. No. 197); Judgment (Dkt. No. 251)) Medina's conviction arose from his involvement with a violent drug trafficking conspiracy in the Bronx. (PSR 15-23) At sentencing, the Court found by a preponderance of th e evidence that the charged conspiracy involved the distribution of crack cocaine as well as marijuana. (Sentencing Tr. (Dkt. No. 252) at 20-21, 25) Medina was found responsible for distributing at least 20 grams of crack cocaine and approximatel y 238 grams of marijuana. (Id. at24-25) Considered together with Medina's criminal history, that quantity of drugs yielded a Sentencing Guidelines range of 46 to 57 months imprisonment. Medina also faced a mandatory consecutive term of 84 mon ths imprisonment on the Section 924(c) (1)(A)(ii) charge. The applicable Sentencing Guidelines range was thus 130 to 141 months imprisonment. (Id. at 26-27) The Court concluded that a sentence at the top of the applicable range was called for, but credited Medina for eight months he had spent in state custody before his transfer into federal custody. (Id. at 41-42) Accordingly, Medina was sentenced to 133 months imprisonment. (Id. at 42; Judgment (Dkt. No. 251) at 3) Medina appealed his co nviction and sentence; the Second Circuit affirmed by summary order. United States v. Medina, 642 F. Appx 59 (2d Cir. 2016). Medina now applies for "[c]ompassionate [r]elease for [c]ompelling and [e]xtraordinary [c]ircumstances pursuant to 18 U.S.C. § 3582(c)(1)(A). (Apr. 27, 2020 Def. Ltr. (Dkt. No. 358)) In response, the Government contends that Medina "has not shown that both extraordinary and compelling reasons and the Section 3553(a) factors warrant a reduction in his sentence. In any case, Medina has also failed to exhaust his administrative remedies as required by Section 3582(c), and the Motion should also be denied on that ground." (June 10, 2020 Govt. Ltr. (Dkt. No. 360) at 6)Even if this Court were t o reject the Governments exhaustion argument, Medina's application would fail on the merits. Defendant is 39 years old, and although he asserts that he suffers from asthma and has possibly cancerous "nodules" on his lungs, he does n ot provide any additional detail or medical records in support of these allegations. (See Apr. 27, 2020 Def. Ltr. (Dkt. No. 358) at 4; May 21, 2020 Def. Ltr.) The two pages of medical records Medina has submitted to this Court suggest that he suff ers from constipation. Nothing in these records suggests that Medina suffers from asthma, has lung cancer, or is at a heightened risk of contracting COVID-19. (See May 21, 2020 Def. Ltr.) Moreover, when interviewed by the Probation Department in connection with the Presentence Report, Medina reported none of the medical conditions he alleges now. (See PSR 85-88) Defendants alleged fear of contracting COVID-19 in prison standing alone is not an "extraordinary and compelling" reas on justifying his release. See United States v. Simmons, No. 15 CR. 445 (PAE), 2020 WL 1847863, at *1 (S.D.N.Y. Apr. 13, 2020) (denying compassionate release where defendant does not fit into any heightened risk category for COVID-19"). At s entencing, this Court noted that Medina presents a danger to the community. (Sentencing Tr. (Dkt. No. 252) at 42) There is no reason to revise that assessment. Medina was involved in the distribution of crack cocaine and marijuana, and he routine ly used, carried, and brandished firearms in connection with his drug dealing. The defendant also engaged in acts of violence. (See, e.g., PSR 23-24) Accordingly, Medina's application for compassionate release is denied. The Clerk of Court is directed to terminate the motion (Dkt. No. 358). A copy of this memo endorsement will be mailed to Defendant by Chambers. SO ORDERED. (Signed by Judge Paul G. Gardephe on 6/20/2020) (jca)
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Filing
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ORDER with respect to 22 Motion for requesting "Compassionate Release". The Government is directed to respond by June 12, 2020 at 5:00 p.m. SO ORDERED. (Signed by Judge Paul G. Gardephe on 6/9/2020) (jca)
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| Defendant: United States of America | |
| Represented By: | Christopher Joseph Dimase |
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| Plaintiff: Robert Medina | |
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