California Cases September 20, 2021: United States v. Ramirez

Case Description

ORDER DENYING DEFENDANT'S RENEWED MOTION FOR EARLY COMPASSIONATE RELEASE

[DOC. NO. 69]

HON. MICHAEL M. ANELLO, UNITED STATES DISTRICT JUDGE

On August 29, 2019, Defendant Angelica Ramirez pleaded guilty to a single-count Indictment charging her with possession with intent to distribute approximately 414 grams of a mixture and substance containing a detectable amount of methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1). See Doc. No. 44. On December 9, 2019, the Court sentenced Defendant to a 72-month custodial term, to be followed by a five-year term of supervised release. See Doc. No. 56. Defendant is currently serving her custodial term at the Federal Prison Camp in Bryan, Texas; her anticipated release date is October 16, 2022.

Defendant, proceeding pro se, previously moved for early compassionate release and a corresponding reduction in sentence based on health concerns arising out of the spread of the novel coronavirus, COVID-19, throughout the federal prison system. See Doc. No. 58. The Court denied the motion. See Doc. No. 61. Defendant then sought the alternative relief of serving the remainder of her sentence in home confinement. See Doc. No. 63. Noting that it lacks the statutory authority to transfer Defendant to home confinement - even under the recently-enacted CARES Act - the Court denied Defendant's motion. See Doc. No. 64.

Defendant, once again proceeding pro se, now renews her motion for early release based on the spread of the novel coronavirus disease, COVID-19, throughout the federal prison system. See Doc. No. 69. However, the Court previously found, and Defendant later conceded, that she is not an appropriate candidate for early release based on her criminal history. See Doc. No. 61 at 6-7 (citing 18 U.S.C. § 3553(a) and reviewing relevant factors); Doc. No. 62 at 1. Moreover, Defendant now states that she is fully inoculated against COVID-19. See Doc. No. 69 at 2. And there are currently no inmates at her facility who have tested positive for the disease.

Accordingly, the Court DENIES Defendant's renewed motion for early release.

IT IS SO ORDERED .

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Notes:

See Federal Bureau of Prisons Online Inmate Locator, available at https://www.bop.gov/inmateloc (last visited 9/20/2021).

The Court finds this matter suitable for summary determination without a response from the government.

Citations refer to the pagination assigned by the CM/ECF system.

See https://www.bop.gov/coronavirus/ (last visited 9/20/2021).

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