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United States v. Paciullo

United States District Court for the Southern District of New York

April 14, 2020, Decided; April 14, 2020, Filed

15-CR-834 (KMW)

Opinion

ORDER

KIMBA M. WOOD, United States District Judge:

Defendant Gianluca Paciullo ("Defendant") has moved for a modification of his sentence under 18 U.S.C. § 3582 and the First Step Act, Pub. L. No. 115-391, 132 Stat. 5194 (Dec. 21, 2018). Defendant, who is 25 years old, suffers from IgA nephropathy and Adverse Childhood Experiences. He claims that these conditions put him at a unique risk of dying or suffering severe illness should he contract COVID-19. For the reasons set forth below, the Court DEFERS ruling on Defendant's motion.

I. BACKGROUND

On February 28, 2017, this Court sentenced Defendant to five years' imprisonment, with five years' supervised release, following Defendant's guilty plea to one count each of (1) Receipt of and Distribution of Child Pornography and (2) Possession of Child Pornography. (ECF Nos. 38, 40.) Defendant was remanded to the custody of the United States Marshal. (Id.) Since that time, and until the present day, Defendant has been serving his sentence at the Federal Correctional Institution in Danbury, [*2]  Connecticut ("FCI Danbury"). Defendant's earliest projected release date is December 20, 2020; Defendant recently received a release date of August 20, 2020 to the Bronx Residential Reentry Center. (Government's Opposition, ECF No. 52 at 1 & n.1.)

On April 3, 2020, Defendant filed a motion with the Warden of FCI Danbury, seeking a reduction of his sentence pursuant to 18 U.S.C. § 3582(c)(1)(A). FCI Danbury responded on the same day by informing Defendant, by email, that it was managing its response to the COVID-19 pandemic according to Bureau of Prisons ("BOP") guidance, which includes evaluations of inmates for pre-release custody and home confinement. (ECF No. 53 Ex. A.) The BOP has otherwise taken no action on Defendant's motion.

On the same day, April 3, 2020, Defendant filed the instant motion, seeking compassionate release under 18 U.S.C. § 3582(c)(1)(A). (ECF No. 49.)

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2020 U.S. Dist. LEXIS 65198 *

UNITED STATES OF AMERICA, -against- GIANLUCA PACIULLO, Defendant.

CORE TERMS

BOP, compassionate, exhausted, required to exhaust, pandemic, inmates