Opinion
Case No. 3:09-cr-00337-JGC-1
07-13-2021
UNITED STATES of America, Plaintiff v. Eloy Pecina PEREZ, Defendant
For the United States: Ava Rotell Dustin, Ashley A. Futrell, Office of the U.S. Attorney, Toledo, Ohio. For the Defendant: Eloy Pecina Perez, Pro Se.
For the United States: Ava Rotell Dustin, Ashley A. Futrell, Office of the U.S. Attorney, Toledo, Ohio.
For the Defendant: Eloy Pecina Perez, Pro Se.
ORDER
James G. Carr Sr., U.S. District Judge
Pending is the defendant, Eloy Pecina Perez's, Motion for Reconsideration (Doc. 247) of his Motion for Modification of Sentence pursuant to 18 U.S.C. § 3582. (Doc. 234). It is his third motion seeking compassionate relief or a sentence reduction. See (Docs. 234, 239).
In his present motion, Perez seeks a fourteen-month reduction of his 300-month sentence. He argues that the restrictive conditions imposed by the Bureau of Prisons ("BoP") in response to the Covid-19 epidemic are so much worse than ordinary prison conditions that his sentence should be reduced to make up for them.
Perez asserts that he is given only 90 minutes of outdoor exercise per week. He points to a lack of rehabilitative programming during the pandemic, his inability to attend religious services, and his inability to receive visitation from family members. He also complains that the restrictive conditions are not effective, because he became infected in spite of them.
There can be no doubt that the Covid epidemic has imposed significant limitations on the activities of all citizens. In light of the already restrictive conditions placed on prisoners in prisons’ congregate settings, it is not surprising that the limitations necessitated by Covid are particularly difficult for them.
The BoP, however, has been forced to react to an unprecedented situation in an attempt to maintain the health and safety of its staff and inmates in a prison environment that is not designed for social distancing. It is not my place to direct prison authorities as to what measures are necessary to maintain safety during a pandemic.
Moreover, while the BoP's response has not always been adequate, it has improved its effectiveness over time. At present, FCI Sandstone has only two infected prisoners. https://www.bop.gov/coronavirus/#:~:text=COVID% 2D19% 20Cases,13% 2C952% 20in% 20community% 2Dbased% 20facilities.&text=Currently% 2C% 2022% 2C612% 20inmates% 20and% 202% 2C101,attributed% 20to% 20COVID% 2D19% 20disease. In addition, the BoP now has vaccinated 117 staff members and 589 inmates out of a population of 840. Id. Perez has not stated whether he has been vaccinated, but it is apparent that, if he has not been, he soon will be.
The conditions Perez describes are bleak. But they are the result of a pandemic that has taken over 600,000 lives of his fellow citizens. And, they are equally applicable to all inmates. It is my hope that the increasing prevalence of vaccinations will enable the BoP to relax some of its restrictions in the near future. I will not repeat my multiple prior opinions, but suffice it to say that Perez's 300-month sentence reflects the number and severity of his crimes. That he has experienced a particularly difficult time to be imprisoned is regrettable, but it does not change the appropriateness of his sentence.
As stated above, this is Perez's third motion of seeking compassionate release or a sentence reduction. Barring a material change in circumstances, he shall not file any more such pleadings. Should he file another motion in the absence of such a change, he will risk monetary sanctions.
Accordingly, it is hereby
ORDERED THAT:
1. Defendant's motion (Doc. 247) is denied; and
2. Defendant shall not file any more motions for sentence reduction or compassionate release in the absence of a material change in circumstances. Should he do so, he risks monetary sanctions.
So ordered.