SAMARITAN NEWSLETTER 08-03-2025

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CR.RIS/REHABILITATION/DISPARITY/YOUTH/USSG 1B1.13(b)(5). The Northern District of Iowa granted a CR.RIS motion in United States v. Ramiro Astello, 2025 U.S. Dist. LEXIS 146779 (N.D. Iowa July 31, 2025). This case arose out of a kidnapping and murder that occurred on June 7, 1997. The court sentenced Astello to life imprisonment after a jury found him guilty of kidnapping resulting in death in violation of 18 USC 1201(a) & 2 (Count 1), conspiracy to commit kidnapping resulting in death in violation of 18 USC 1201(c) (Count 2), and use of a firearm in relationship to a crime of violence in violation of 18 USC 924(c) & (j) (Count 3). Astello argued the disparate sentence he received, his age at the time of the crime, and his rehabilitation in prison combine to form an extraordinary and compelling circumstance that justifies his release. The Government agreed the disparity between his sentence and that of his co-defendants, his young age at the time of the offense, the length of his sentence (life without the possibility of parole) and his extraordinary rehabilitation while in custody together create an extraordinary and compelling circumstance such that relief is appropriate. Astello relied on the "other reasons" category under USSG 1B1.13(b)(5). The Sentencing Commission notes that "other reasons" need not be similar in "nature and circumstance" to the specified reasons; "[r]ather, they need only be similar in gravity." Astello contends that because he was only 18 years old at the time of the crime. Astello has earned his GED and an associate's degree from the University of Wisconsin, and taken various enrichment and religion classes. Astello's disciplinary record in the BOP is near perfect. He received just three citations in his 27 years of incarceration. The court held Astello's excellent record while in custody for more than 27 years, combined with his educational achievements, work history and mentorship support a finding that his "rehabilitation is truly exceptional." Astello has received 20 letters from correctional officers, work supervisors, teachers, religious service employees and other inmates who all express enthusiastic support for his early release. Sentence reduced to time served.

CR.RIS/DISPARITY/USSG 1B1.13(b)(6). The Middle District of North Carolina granted a CR.RIS motion in United States v. Aaron Blacknell, 2025 U.S. Dist. LEXIS 145673 (M.D. N.C. July 30, 2025). Defendant was convicted of bank robbery and armed bank robbery in violation of 18 USC 2113(a) and 2 and 2113(d)(1), and carry and use, brandishing, of a firearm during a crime of violence in violation of 18 USC 924(c)(1)(A)(ii) and 2. Defendant was sentenced to 462 months. Defendant is 58 years old and has been incarcerated since Aug. 2000. He has a projected release date of June 19, 2033. Defendant contended changes in the sentencing law applicable to 924(c) constitute an extraordinary and compelling reason for a reduction in sentence and stated under the current sentencing scheme he would not be subject to the mandatory 25-year sentence on his second 924(c) conviction. He argued his sentence is unusually long and there is a gross disparity between his sentence and the sentence that would be imposed today. The Sentencing Commission policy guidelines specify a change in the law may be an extraordinary and compelling reason to modify a sentence when: (a) the defendant is serving an unusually long sentence; (b) the defendant has served at least 10 years; and (c) an intervening change in law has produced a gross disparity between the sentence imposed and the sentence likely to be imposed under the change in the law. USSG 1B1.13(b)(6). Defendant's post-conviction behavior, while not exceptional, was positive and weighed in favor of a reduction in sentence. During incarceration he has maintained generally good institutional behavior, and has not had any infractions in over three years, which evidences a present willingness and ability to conform his behavior and comply with the rules. Sentence reduced to time served.

CR.RIS/DISPARITY/YOUTH/REHABILITATION/USSG 1B1.13(b)(6). The Middle District of North Carolina granted in part a CR.RIS motion in United States v. James Hancock, 2025 U.S. Dist. LEXIS 145650 (M.D. N.C. July 30, 2025). Hancock is serving a 477-month sentence for two armed robberies and related firearm crimes. Hancock sought a sentence reduction to time served based on a non-retroactive statutory change in the length of stacked 924(c) sentences. This intervening change in law has resulted in a gross disparity between Hancock's sentence and one that would likely be imposed under current law. The sentencing court considered Hancock's age and minor criminal history alongside the seriousness of his offenses. This was Hancock's fifth motion for compassionate release, but it is his first since the enactment of the policy statement in Nov. 2023. Hancock identified the statutory sentencing change for successive 924(c) offenses, his rehabilitative efforts, and his relative youth at the time he committed the offenses as grounds for a sentence reduction. He has earned his GED and completed hundreds of hours of educational and vocational courses, including courses on interview skills, victim awareness, and re-entry. Hancock has had two infractions during his incarceration: one in 2010 for possessing a dangerous weapon, and one in 2015 for failing to stand for count. The court held an intervening change in law can be an extraordinary and compelling circumstance even if it is not retroactive. As is relevant here, extraordinary and compelling circumstances exist when the defendant has served over 10 years, the sentence he is serving is unusually long, and there has been an intervening change in law that has produced a gross disparity between the sentence being served and the sentence likely to be imposed if sentenced today. USSG 1B1.13(b)(6). Hancock has earned his GED and has taken hundreds of hours of educational and vocational courses. He is also a suicide inmate observer and suicide companion. The defendant's motion for compassionate release was granted in part and his total sentence was reduced to 360 months.

CR.RIS/REHABILITATION/YOUTH. The District of Connecticut granted a CR.RIS motion in United States v. Nelson Gonzalez, 2025 U.S. Dist. LEXIS 143598 (D. Conn. July 28, 2025). Gonzalez was sentenced to life for murder. Gonzalez asserted there are several reasons in favor of a reduction in his sentence. Those reasons are his: (1) rehabilitation; (2) age at the time of the offense paired with his history of severe childhood trauma; (3) unusually long sentence; and (4) experience with excessively harsh conditions of confinement, which, separately or in combination, amount to extraordinary and compelling reasons warranting early release from prison. Gonzalez was committed in June 1999 and has not received a single disciplinary report. The court reviewed a dozen letters from prison staff and current and former inmates; all of these letters describe Gonzalez as someone who is committed to his rehabilitation and acts as a role model to his fellow inmates. Gonzalez has completed nearly 40 educational courses, earned 13 certificates, and obtained an associate's degree. Equally as important, Gonzalez has been steadily employed while incarcerated since 2001, and serves as Head Orderly of an honors housing unit. Gonzalez's record while incarcerated is extraordinary and certainly strongly points in the direction of rehabilitation. If combined with other factors, Gonzalez's efforts to rehabilitate himself could amount to extraordinary and compelling circumstances warranting his early release from prison. Gonzalez has been in federal custody for more than half of his entire life, and all of his adult life. Gonzalez argued he was subject to excessively harsh conditions of confinement while imprisoned. According to Gonzalez, he was held in solitary confinement for 18 months and was subject to "draconian" lockdowns during the COVID-19 pandemic during which he witnessed frequent violence and he suffered physical and psychological injuries which further suggest he has experienced excessively harsh conditions of confinement. The court concluded Gonzalez had demonstrated, through a combination of factors, extraordinary and compelling reasons that warrant a reduction in sentence. Gonzalez did not immediately accept responsibility for his actions but he did renounce his association with Los Solidos in 1998, and has encouraged others to similarly renounce their gang affiliations. The court directed the Bureau of Prisons to release Gonzalez on September 17, 2025.

CR.RIS/REHABILITATION/YOUTH. The District of Connecticut granted a CR.RIS motion in United States v. Ronald Pagan, 2025 U.S. Dist. LEXIS 143595 (D. Conn. July 28, 2025). On Sept. 1, 1998, a grand jury indicted Pagan in Count One for conspiracy to commit a violent crime in aid of racketeering in violation of 18 USC 1959(a)(5), in Count Two with commission of a violent crime in aid of racketeering and aiding and abetting in violation of 18 USC 1959(a)(1) and (2), and in Count Three with using a firearm in relation to a crime of violence and aiding and abetting in violation of 18 USC 924(c)(1) and (2). Pagan was sentenced to life. Pagan argued several reasons counsel in favor of a reduction in sentence. Those reasons are his: (1) age at the time of the offense; (2) history of severe childhood trauma; and (3) unusually long sentence, which, separately or in combination, amount to extraordinary and compelling reasons warranting his early release. A defendant convicted of murder in the federal court system in the fiscal year 1999, served approximately 17 years in prison. In fiscal year 2024, the average sentence imposed upon a defendant convicted of murder in the federal court system was about 23 years. In view of federal sentencing practices the court concluded that reducing Pagan's life sentence, of which he has already served approximately 30 years with good time credit, would not create an unwarranted disparity between Pagan and similarly situated offenders. Pagan has received 41 disciplinary reports while incarcerated. Several of these disciplinary reports arose from Pagan's possession of makeshift weapons and other contraband, both of which last occurred in 2021, participation in fights, which last occurred in 2012, and striking a correctional officer, which occurred in 2009. In the court's view Pagan's record demonstrates his gradual commitment to rehabilitation. He has obtained steady employment while in prison, completed dozens of courses, and remained disciplinary free for over three years. The court accepted Pagan's representation he is not the same person he was when he was first arrested for the instant offenses in 1997. The court directed Pagan to be released from custody on Sept. 17, 2025.