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United States v. Gileno

United States District Court for the District of Connecticut

March 19, 2020, Decided; March 19, 2020, Filed

No. 3:19-cr-161-(VAB)-1

Opinion

RULING AND ORDER ON MOTION TO SUBSTITUTE REMAINING SENTENCE OF IMPRISONMENT WITH HOME CONFINEMENT

Paul Gileno ("Defendant") requests a modification of his sentence, to substitute the remainder of his imprisonment with home confinement. Mot., ECF No. 26 (Mar. 17, 2020) ("Def.'s Mot."). The Government opposes the Defendant's motion. Gov't Opp'n, ECF No. 27 (Mar. 17, 2020) ("Gov't Opp'n").

For the following reasons, the motion to reconsider is DENIED without prejudice.

I. FACTUAL AND PROCEDURAL BACKGROUND

On November 13, 2019, after pleading guilty to one count of wire fraud under 18 U.S.C. § 1343 and one count of tax evasion under 26 U.S.C. § 7201, Mr. Gileno was sentenced to one year and one day of imprisonment, two years of supervised released, a special assessment of $200.00, and restitution. Judgment, ECF No. 22 (Nov. 13, 2019). On January 15, 2020, the Court entered a restitution order requiring Mr. Gileno to pay restitution in the amount of $3,117,582.67. Restitution Order, ECF No. 25 (Jan. 15, 2020).

Mr. Gileno voluntarily surrendered and began his term of [*2]  incarceration on January 6, 2020. Def.'s Mot. at 1; Judgment, ECF No. 22 (Nov. 13, 2019). He is incarcerated at the Federal Correctional Institution at Schuylkill, in Minersville, Pennsylvania. Def.'s Mot. at 1. The Bureau of Prisons (BOP) "has informed Mr. Gileno that he will be discharged to home confinement sometime in early October of 2020, taking into consideration institutional earned good time credit." Id. at 2.

On March 17, 2020, Mr. Gileno moved for a modification of his sentence, to substitute the remainder of his imprisonment with home confinement. Def.'s Mot.

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2020 U.S. Dist. LEXIS 47590 *

UNITED STATES, Plaintiff, v. PAUL GILENO, Defendant.

CORE TERMS

sentence, Prisons, compassionate, modify, BOP, compelling reason, medical condition, incarceration, imprisonment, confinement, modification, reduction, courts, circumstances, pandemic, updated