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U.S. v. Gomez

Ailments Do Not Warrant 18 USC§3582(c)(1)(A) Reduced Sentence for COVID-19 Risk

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MEMORANDUM & ORDER Pending before the court are Rudy Gomez’s pro se Motion for Appointment of Counsel (Dkt. 103) and pro se Motion for Reduction of Sentence pursuant to 18 U.S.C. §3582(c)(1)(A) (Dkt. 104). For the reasons that follow, both motions are DENIED. I. BACKGROUND On June 27, 2019, Gomez¹ pleaded guilty to one count of a multi-count indictment, which charged Conspiracy to Possess Heroin and Cocaine with Intent to Distribute, in violation of 21 U.S.C. §§846, 841(b)(1)(A)(i) and 841(b)(1)(A)(ii)(II). (See June 27, 2019 Minute Entry (Dkt. 29); see also Redacted Super-seding Indictment (Dkt. 6).) This conviction followed a federal investigation into a Dominican-Republic based drug trafficking organization run by Gomez’s uncle and co-defendant Sergio Gomez, which supplied narcotics to a similar organization located in Springfield, Massachusetts. (Presentence Investigation Report (“PSR”) (Dkt. 40) 3.) The investigation culminated in searches of premises related to Gomez where the police recovered approximately 8.25 kilograms of heroin and various suspected tools and proceeds of drug trafficking. (Id. 8.) In a subsequent voluntary interview, Gomez admitted to selling heroin over a period of years (ultimately stipulating to responsibility for almost 24 kilograms) and travelling to Mexico to negotiate heroin purchases. (Id.

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