Gomez v. United States
- Paul Gardephe
- 1:17-cv-06190
- U.S. District Court · Southern District of New York
- 3
In Gomez v. United States, Judge Gardephe denied Gomez’s compassionate-release application, finding his health concerns did not outweigh the community-safety risk.
Gomez was directly affected because the court denied his request for compassionate release, leaving his 155-month prison sentence in place. The ruling also addressed community safety and the government's position opposing release.
What happened
In Gomez v. United States, Gomez asked for a sentence reduction because he said his health conditions increased his risk from COVID-19 while he was imprisoned. He had pleaded guilty to conspiring to distribute and possess at least five kilograms of cocaine and was serving a 155-month sentence.
The court said medical records showed that prison medical staff had diagnosed and monitored Gomez’s colitis. It also found that his medical conditions did not make him more likely to contract COVID-19 or suffer a worse outcome, and that the prison had no documented inmate COVID-19 cases. The court further considered Gomez’s drug conviction, prior crimes, large-scale heroin distribution, high risk of reoffending, and the fact that he had served less than half his sentence.
Judge Gardephe denied Gomez’s application for compassionate release. The court concluded that any health risk was outweighed by evidence that releasing Gomez would endanger the community, and directed the clerk to terminate the related motions.
The detailed version
- Gomez v. United States · No. 1:17-cv-06190
- Paul Gardephe
- Aug. 4, 2020
Background
Gomez pleaded guilty to conspiring to distribute and possess with intent to distribute five kilograms or more of cocaine, violating 21 U.S.C. §§ 841(b)(1)(A) and 846. On April 14, 2017, the court sentenced him to 155 months in prison. The opinion states that, according to the Bureau of Prisons website, Gomez was being held at FCI-Allenwood Medium and had a projected release date of October 7, 2026.
In a July 6, 2020 filing, Gomez sought compassionate release under 18 U.S.C. § 3582 because of health risks from COVID-19. He said he suffered from salmonella enterocolitis, proctitis, cryptitis anal, and prostatitis, and that the Bureau of Prisons had not adequately treated his colitis-related conditions and prostatitis.
Medical Evidence and COVID-19 Risk
The government submitted medical records showing that Bureau of Prisons medical staff had diagnosed Gomez with colitis and conducted numerous follow-up assessments. The court therefore found that Gomez had not shown that his colitis and prostatitis were not being addressed.
The court also found that these medical conditions did not make Gomez more susceptible to COVID-19 or cause him to have a worse prognosis if infected. It noted that, according to the Bureau of Prisons website, FCI-Allenwood Medium had no documented COVID-19 cases among inmates.
Compassionate-Release Standard
The court explained that a sentence reduction under 18 U.S.C. § 3582 must be consistent with the applicable Sentencing Commission policy statement. That policy statement requires a finding that the defendant is not a danger to another person or to the community, as described in 18 U.S.C. § 3142(g).
Danger to the Community
The court concluded that Gomez’s conviction for conspiring to distribute and possess at least five kilograms of cocaine demonstrated that he presented a danger to the community. The court also considered that Gomez had multiple prior convictions and had been involved in large-scale heroin distribution before his arrest in this case.
At sentencing, the court had found that Gomez presented a high risk of recidivism and imposed a sentence within the applicable Guidelines range of 140 to 175 months. The opinion states that Gomez had served less than half of his sentence and had more than six years remaining.
Disposition
The court concluded that, even if Gomez had shown preexisting conditions making him more susceptible to COVID-19, the risk was outweighed by the evidence that releasing him would compromise community safety. Judge Gardephe denied Gomez’s application for compassionate release. The clerk was directed to terminate the motions identified as 15 Cr. 348, Dkt. No. 224, and 17 Civ. 6190, Dkt. No. 41. The opinion does not state that the application was denied with or without prejudice.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.