United States v. Gonzales
| Decision Date | 01 June 2021 |
| Docket Number | No. CR 14-0922 JB-1,CR 14-0922 JB-1 |
| Citation | 547 F.Supp.3d 1083 |
| Parties | UNITED STATES, Plaintiff, v. Jasonn GONZALES, Defendant. |
| Court | U.S. District Court — District of New Mexico |
Fred A. Federici, Acting United States Attorney, Jonathon M. Gerson, Stephen R. Kotz, Assistant United States Attorneys, United States Attorney's Office, Albuquerque, New Mexico, Attorneys for the Plaintiff.
Kari Converse, Assistant Federal Public Defender, Federal Public Defender, Albuquerque, New Mexico, Attorney for the Defendant.
THIS MATTER comes before the Court on the Defendant Jasonn Gonzales’ Motion for Compassionate Release Pursuant to Section 603(B)(1) of the First Step Act, filed May 18, 2020 (Doc. 136)("Motion"). The Court held a hearing on the Motion on July 20, 2020. See Clerk's Minutes at 1, filed September 23, 2020 (Doc. 148). The primary issues are: (i) whether Defendant Jasonn Gonzales has exhausted his administrative remedies, where Gonzales filed an Inmate Request for compassionate release and the Warden, D. Easter, denied his request; (ii) whether extraordinary and compelling circumstances warrant reduction in Gonzales’ sentence under the First Step Act of 2018, 18 U.S.C. § 3582(c)(1)(A) ("First Step Act"), where the Bureau of Prisons ("BOP") has done a poor job of managing Gonzales’ health problems, by delaying care, or, with respect to some health problems, neglecting Gonzales’ issues entirely; (iii) whether a sentence reduction is consistent with applicable policy statements issued by the United States Sentencing Commission ("Commission"); and (iv) whether a sentence reduction is consistent with the 18 U.S.C. § 3553(a) factors. The Court concludes that: (i) Gonzales has exhausted his administrative remedies, because the Warden denied Gonzales’ request for compassionate release before Gonzales filed the Motion; (ii) Gonzales’ case does not present extraordinary and compelling circumstances, because, (a) although the BOP has not managed well Gonzales’ health problems, the BOP is capable of doing so; and (b) the Court finds, by a preponderance of the evidence, that Gonzales would not receive better care at his home in rural Abiquiu, New Mexico, than the Federal Correctional Institute Danbury ("FCI Danbury"), a level three medical care facility, can provide; (iii) the Sentencing Commission has no applicable policy statements upon which the Court may rely, pursuant to the United States Court of Appeals Tenth Circuit's holding in United States v. McGee, 992 F.3d 1035 (10th Cir. 2021) ("McGee")); and (iv) the § 3553(a) factors do not support Gonzales’ release, because a time-served sentence is not sufficient to reflect the seriousness of the offense, to promote respect for the law, to provide just punishment for the offense, to afford adequate deterrence to criminal conduct, to protect the public from Gonzales, nor to provide Gonzales with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner. Accordingly, the Court denies the Motion, but recommends and requests that the United States file a written report with the Court on July 1, 2021, informing the Court and the parties of Gonzales’ condition and whether the BOP is providing Gonzales with appropriate medical care.
The Court takes its facts from: (i) its Memorandum Opinion and Order, United States v. Gonzales, 163 F. Supp. 3d 1078, 1081-82 (D.N.M. 2016) (Browning, J.), filed February 16, 2016 (Doc. 90)(" MOO"), aff'd, 844 F.3d 929 (10th Cir. 2016) ; (ii) the Motion; (iii) Jasonn Gonzales Reply Re Motion for Compassionate Release Pursuant to Section 603(B)(1) of the First Step Act, filed June 16, 2020 (Doc. 141)("Reply"); (iv) the Post-Conviction Memorandum: Compassionate Release Investigation, filed July 15, 2020 (Doc. 145)("Post-Conviction Memo."); (v) Jasonn Gonzales’ Post-Hearing Brief, filed July 21, 2020 (Doc. 146)("Brief"); (vi) Jasonn Gonzales’ Second Sealed Supplement to Motion for Compassionate Release Pursuant to Section 603(B)(1) of the First Step Act, filed September 18, 2020 (Doc. 147)("Second Supp."); (vii) Jasonn Gonzales’ Third Supplement to Motion for Compassionate Release Pursuant to Section 603(B)(1) of the First Step Act, filed September 30, 2020 (Doc. 149)("Third Supp."); (viii) Jasonn Gonzales’ Fourth Supplement to Motion for Compassionate Release Pursuant to Section 603(B)(1) of the First Step Act, filed November 4, 2020 (Doc. 150)("Fourth Supp."); (ix) Jasonn Gonzales’ Sealed Sixth Supplement to Motion for Compassionate Release Pursuant to Section 603(B)(1) of the First Step Act at 1, filed December 17, 2020 (Doc. 152)("Sixth Supp."); and (x) Jasonn Gonzales’ Seventh Supplement to Motion for Compassionate Release Pursuant to Section 603(B)(1) of the First Step Act at 1, filed March 4, 2021 (Doc. 154)("Seventh Supp."). The Court first describes Gonzales’ previous criminal history. Second, the Court discusses Gonzales’ offense of conviction. Third, the Court describes Gonzales’ time in prison, including his medical problems and his rehabilitative efforts. Last, the Court discusses COVID-19 in prisons generally and at FCI Danbury.
1. "Gonzales has two prior criminal convictions": one for indecent exposure, and one conviction for attempted rape and attempted burglary. MOO, 163 F. Supp. 3d at 1082 (citing Presentence Report ¶¶ 80-81, at 22, filed June 1, 2021 (Doc. 159)("PSR")).
offended, and annoyed .... Four counts for Lewd Conduct and one count of Indecent Exposure were dismissed.’ " MOO, 163 F. Supp. 3d at 1082 (quoting PSR ¶ 80, at 22).
3. " ‘At the time of the referral, on August 16, 1988, Gonzales was sixteen years old.’ " MOO, 163 F. Supp. 3d at 1082 (quoting PSR ¶ 80, at 22).
4. " ‘[O]n December 13, 1988, Gonzales was sentenced to an unknown term of probation for indecent exposure in the Superior Court of California -- Juvenile Court, Los Angeles.’ " MOO, 163 F. Supp. 3d at 1082 (quoting PSR ¶ 80, at 22).
5. " ‘[O]n March 9, 1991, when Gonzales was eighteen years old, he was arrested in Utah and charged with: (i) one count of attempted rape; (ii) one count of attempted sodomy/forcible sodomy; and (iii) one count of attempted burglary of a dwelling.’ " MOO, 163 F. Supp. 3d at 1082 (quoting PSR ¶ 81, at 22).
6. " ‘[O]n February 10, 1991, the defendant had sexual intercourse with another who was not his spouse and without her consent.’ " MOO, 163 F. Supp.3d at 1082 (quoting PSR ¶ 81, at 22).
7. " ‘The offense was committed during the course of a burglary, where he caused physical injury to another while attempting to flee.’ " MOO, 163 F. Supp.3d at 1082 (quoting PSR ¶ 81, at 22).
8. "[O]n May 3, 1991, Gonzales was sentenced to fifteen years as to count one, and as to count three, not more than five years, all to run concurrently." MOO, 163 F. Supp.3d at 1082 (citing PSR ¶ 81, at 22).
9. Gonzales " ‘was released to parole supervision on March 12, 2002.’ " MOO, 163 F. Supp.3d at 1082 (quoting PSR ¶ 81, at 22).
10. Gonzales " ‘had no violations while on parole and successfully completed Sex Offender Treatment as required.’ " MOO, 163 F. Supp.3d at 1082 (quoting PSR ¶ 81, at 22).
11. Gonzales " ‘is required to register as a sex offender annually, for life.’ " MOO, 163 F. Supp.3d at 1082 (quoting PSR ¶ 81, at 22).
12. He " ‘first registered in the state of New Mexico in 2003.’ " MOO, 163 F. Supp.3d at 1082 (quoting PSR ¶ 81, at 22).
13. Additionally, "Gonzales was issued citations for speeding on August 8, 2006, January 2, 2013, and September 25, 2013." MOO, 163 F. Supp.3d at 1082 (citing PSR ¶ 84, at 23).
14. "Gonzales was convicted in two of these matters and received a deferred sentence and fees." MOO, 163 F. Supp.3d at 1082 (citing PSR ¶ 84, at 23).
15. "The remaining case was dismissed." MOO, 163 F. Supp.3d at 1082 (citing PSR ¶ 84, at 23).
16. "On January 31, 2007, when Gonzales was thirty-four years old, he was arrested and charged for ‘Patronizing Prostitutes’ in Bernalillo County Metropolitan Court in Albuquerque, New Mexico." MOO, 163 F. Supp.3d at 1082 (quoting PSR ¶ 87, at 23).
17. "On June 26, 2007, the case was dismissed." MOO, 163 F. Supp. 3d at 1082 (citing PSR ¶ 87, at 23).
18. " ‘Officers made contact with" Gonzales, " ‘who admitted he agreed to pay ... $30.00 for fellatio.’ " MOO, 163 F. Supp. 3d at 1082 (quoting PSR ¶ 87, at 23).
19. " ‘On April 30, 2011, when Gonzales was thirty-eight years old, he was arrested for ‘Registration of Sex Offenders Information Required.’ " MOO, 163 F. Supp. 3d at 1082 (quoting PSR ¶ 88, at 24).
20. " ‘On March 26, 2014, the case was dismissed.’ " MOO, 163 F. Supp. 3d at 1083 (quoting PSR ¶ 88, at 24).
2. The Underlying Offense.
21. "From January 2009 to May 2012, Gonzales and co-Defendant Gerald Archuleta, along with other unindicted individuals, took part in a conspiracy to devise a scheme to defraud and obtain money, specifically unemployment insurance benefits, from the Texas Workforce Commission [("TWC")], Colorado Department of Labor and Employment [("CDLE")], and New Mexico Department of Workforce Solutions [("NMDWS")] by means of materially false and fraudulent pretenses and representations and, for the purpose of executing the scheme and artifice, did knowingly cause the United States Postal Service and commercial interstate carrier to move and deliver envelopes containing debit cards by which benefits were paid." MOO, 163 F. Supp. 3d at 1081 (citing PSR ¶ 5, at 4).
22. "To carry out their scheme, Gonzales and Archuleta fraudulently obtained ‘names, social security numbers, and dates of birth of individuals without such individuals’ knowledge.’ " MOO, 163 F. Supp. 3d at 1081 (quoting PSR ¶ 6, at 5).
23. "Further, ‘the defendants provided TWC, CDLE, and NMDWS with false...
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