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United States v. Gonzalez

United States District Court for the Eastern District of Washington

March 31, 2020, Decided; March 31, 2020, Filed

NO. 2:18-CR-0232-TOR-15

Opinion

ORDER GRANTING DEFENDANT'S MOTION TO REDUCE SENTENCE

BEFORE THE COURT are Defendant's Motion for Reduction of Sentence and Motion to Expedite the same. ECF Nos. 829, 830. These matters were submitted for consideration without oral argument. The Court has reviewed the record and files herein, the completed briefing, and is fully informed. For the reasons discussed below, Defendant's Motion for Sentence Reduction is granted.

BACKGROUND

On December 18, 2018, an indictment was filed charging Defendant with nine counts of mail fraud and conspiracy to commit mail and wire fraud, in violation of 18 U.S.C. §§ 1341, 1343, 1346. ECF No. 1. On June 13, 2019, Defendant pleaded guilty to Count 73, conspiracy to commit mail and wire fraud. ECF Nos. 443, 444. On January 21, 2020, this Court sentenced Defendant to ten months imprisonment, followed by a three-year term of supervised release. ECF No. 777. On February 19, 2020, Defendant began serving her term of imprisonment by reporting to the Spokane County Jail, pending Bureau of Prisons' designation and transfer. ECF No. 829 at 1. Defendant's projected release date is December 18, 2020.

On March 23, 2020, Defendant's counsel contacted the Bureau of Prisons [*4]  to determine which office could process her compassionate release request based on her medical condition. The Bureau of Prisons communicated that because Defendant was not yet in a designated facility, there was no one able to process her request. The Bureau of Prisons' employee indicated that the exhaustion of administrative appeals process was no applicable or possible and suggested contacting the sentencing Court for relief.

Defendant argues that she should be granted compassionate release based on her chronic medical conditions, the nature of the medical care she has received at the Spokane County Jail, and the risk of exposure and death from the COVID-19 pandemic.

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2020 U.S. Dist. LEXIS 56422 *

UNITED STATES OF AMERICA, Plaintiff, v. TERESA ANN GONZALEZ, Defendant.

CORE TERMS

sentence, compassionate, reduction, compelling reason, Prisons, medical condition, policy statement, circumstances, imprisonment, exhausted, remedies, jail