USA v. Gonzalez Nevarez

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
UNITED STATES OF AMERICA,
v.
CARLOS JOJAMIS GONZALEZ
NEVAREZ,
Defendant.
)
)
)
)
)
)
)
)
)
CR No. 20-cr-80-JJM-AEM
ORDER
Before the Court is Defendant Carlos Jojamis Gonzalez Nevarez’s Motion to
Modify 	his 	Sentence 	under 	18 	U.S.C. 	§ 	3582(A)(c)(1) 	(so-called 	compassionate
release). 	Because Mr. Gonzalez Nevarez has presented unrefuted evidence that his
mother is incapacitated and that he is the only available caregiver (U.S.S.G.
§ 1B1.13(b)(C)(3)), and that, after serving over one-half of his sentence, the section
3553 factors support his release, the Court GRANTS his Motion to Modify his
Sentence. ECF No. 62-1.
I. 	TRAVEL OF THE CASE
Mr. Gonzalez Nevarez, now thirty-one years old, was initially charged by
complaint with various narcotics and firearms related offenses in November of 2019.
He was held initially but then was released for a brief period in May of 2020 due to
the Covid-19 pandemic. Less than two months later, he was arrested as a violator of
the terms and conditions of his bond due to an allegation of domestic violence.1 	In
1 The domestic violence charge (RI state case 61-2020-05575) was later
dismissed because the victim did not want to go forward.
Case 1:20-cr-00080-JJM-LDA Document 70 Filed 01/27/26 Page 1 of 8 PageID #:
<pageID>

2
September of 2020, Defendant entered pleas to charges of distributing cocaine (one
count) in violation of 21 U.S.C. §§ 841 (a)(1) and (b)(1)(C), distribution of fentanyl
(three counts) in violation of 21 U.S.C. §§ 841 (a)(1) and (b)(1)(C), distribution of
fentanyl 40 grams or more in violation of in violation of 21 U.S.C. §§ 841 (a)(1) and
(b)(1)(B), possessing with intent to distribute 400 grams or more of fentanyl (one
count) in violation of 21 U.S.C. §§ 841 (a)(1) and (b)(1)(A), and one count of possessing
a firearm by a previously convicted individual (one count). The Court sentenced him
to the mandatory minimum sentence of 120 months followed by a 5-year period of
supervised release. He has been serving this sentence since November 19, 2019. His
current BOP release date is May 7, 2029.
He filed this Motion to Modify his Sentence after having his request ignored
by the warden at FCI Allenwood.2
II. 	ANALYSIS
Under 18 U.S.C. § 3582(c)(l)(A)(i) a district court may reduce a term of
imprisonment if it determines: (1) an extraordinary and compelling reason warrants
the reduction; (2) the defendant will not be a danger to the safety of any other person
or the community; and (3) the sentencing factors outlined in 18 U.S.C. § 3553(a) favor
release.
See 18 U.S.C. § 3582(c)(l)(A); U.S.S.G. § lBl.13(b)(3)(C).
2 The Bureau of Prisons has not responded to Mr. Gonzalez Nevarez’s email
request – and more than thirty days has passed. 	ECF No. 62-2. 	Consequently, he
has satisfied the requirement of 18 U.S.C. § 3582(c)(l)(A) that he exhaust all
administrative remedies.
Case 1:20-cr-00080-JJM-LDA Document 70 Filed 01/27/26 Page 2 of 8 PageID #:
<pageID>

3
A. Extraordinary and Compelling
The 	United 	States 	Sentencing 	Commission 	guidance 	states 	that
“extraordinary and compelling reasons” for compassionate release exist where a
defendant’s family circumstances merit it, including “[t]he incapacitation of the
defendant’s parent when the defendant would be the only available caregiver for the
parent.”3 	U.S.S.G. 	§ 	1B1.13. 	Mr. 	Gonzalez 	Nevarez 	argues 	that 	his 	family
circumstances meet these criteria such that he is entitled to be released.
1. 	Incapacitation of his parent
The record shows that, on April 3, 2025, Mr. Gonzalez Nevarez’s mother, Dalia
Nevarez Santana, who is sixty-three years of age, suffered a severe stroke.4 ECF No.
62-3. She spent almost one month in the hospital, and at discharge her doctor noted
that she was suffering from severe impairments that required use of a ventilator
connected to a tracheal tube, and a gastro tube for nourishment.
Id. at 2.
About a month after her discharge, Ms. Nevarez Santana was rushed back to
the hospital. This time she was suffering from pneumonia and septic shock because
of the failure of her ventilator tube. 	ECF No. 62-5. 	She spent two weeks in the
hospital; her discharge report noted several chronic illnesses and cautioned that
Ms. Nevarez Santana “is complete[ly] dependent of [activities of daily life] and needs
3 Mr. Gonzalez Nevarez has also premised his request on the conditions at FCI
Allenwood (see, ECF No. 62-1 at 4-5. 	Because of the Court’s finding above, it need
not address that basis.
4 “Hemorrhagic stroke, with left hemiplegia. 	Pt with tracheotomy and
gastrostomy. *** portable ventilator.” ECF No. 62-3 at 7.
Case 1:20-cr-00080-JJM-LDA Document 70 Filed 01/27/26 Page 3 of 8 PageID #:
<pageID>

4
24 hour monitoring.”
Id. at 7. She requires assistance with breathing, eating, and is
essentially bedridden. She also is mentally disoriented and cannot communicate.
Id.
Mr. Gonzalez Nevarez’s sister, Dalerys Castro Nevarez cares for her mother
and reports by letter to the Court that her mother is “not very good right now. 	She
had a critical brain stroke on April 3rd, 2025, by which she lost mobility on the left
side of her body. 	She is now bedridden as a result of the stroke. 	They did a
tracheostomy and a gastrotomy, and she has to be connected 24/7 to a ventilator so
she can breathe because she is unable to do so on her own.” 	ECF No. 62-6 at 2.
Ms. Castro Nevarez submitted several photographs dated around the time of her
stroke and subsequent months showing her mother’s devastating medical condition.
See ECF No. 62-4.
This 	evidence 	demonstrates 	that 	Mr. 	Gonzalez 	Nevarez’s 	mother 	is
incapacitated, and that evidence is unrefuted.
2. 	Only available caregiver for his parent
Next the Court considers whether Mr. Gonzalez Nevarez is his mother’s only
available caregiver. 	It is clear from her medical records that Ms. Santana needs
intensive and constant care and the only family she has been able to rely on to date
is her daughter, Ms. Castro Nevarez. In her letter to the Court, though, Ms. Castro
Nevarez states that she needs her brother to help with their mother’s care. She notes
that she is a single mother with three children “for whom I also have to care; and
being alone it is difficult for me to deal with everything, the house, my children, my
mother. It is difficult for me to deal with the kids and her by myself, because at this
Case 1:20-cr-00080-JJM-LDA Document 70 Filed 01/27/26 Page 4 of 8 PageID #:
<pageID>

5
time I don’t have help from anyone.” 	ECF No. 62-6 at 2. 	So, while Mr. Gonzalez
Nevarez 	is 	not 	the 	only 	person 	available 	to 	care 	for 	his 	mother, 	U.S.S.G.
§ 1Bl.13(3)(C), because his sister has been doing her best to offer some measure of
assistance, the way that Ms. Castro Nevarez has been juggling of the care of her very
ill mother and her own three children has created an extremely critical and untenable
situation for their entire family. 	It is clear that Mr. Gonzalez Nevarez is needed to
provide hands-on, in-person care as well as financial support for his mother.
Also, since filing the motion, Mr. Gonzalez Nevarez provided additional
evidence 	that 	his 	family’s 	circumstances 	have 	gotten 	more 	dire, 	especially
contributing to the increased load that his sister faces. 	Mr. Gonzalez Nevarez’s
grandfather, a United States military veteran, lives with his son (Mr. Gonzalez
Nevarez and Ms. Castro Nevarez’s father) and is suffering with medical conditions
that now require “assistance in all activities of daily living and instrumental
activities of daily living to complete his daily routines.” 	ECF No. 69-1. 	Ms. Castro
Nevarez also now must assist her father with the care of her grandfather – taking
time away from her mother’s constant care and lending further evidence that
Mr. Gonzalez 	Nevarez 	is 	now 	essentially 	the 	only 	available 	caregiver 	for 	his
incapacitated mother as the guidelines define the term. 	These difficult family
circumstances 	certainly 	meet 	the 	Sentencing 	Guidelines 	definition 	of 	an
“extraordinary and compelling” need.
The Government has presented no evidence to refute any of this evidence.
Instead, 	they 	simply 	support 	their 	opposition 	that 	arguing 	that 	the 	medical
Case 1:20-cr-00080-JJM-LDA Document 70 Filed 01/27/26 Page 5 of 8 PageID #:
<pageID>

6
information is dated. The Court disagrees that it requires anything more up to date
in light of the circumstances here.5
B. Not a Danger to the Community
In considering Mr. Gonzalez Nevarez’s motion for release, the next factor
provides that the Court can reduce his sentence only if “[t]he defendant is not a
danger to the safety of any other person or to the community, as provided in 18 U.S.C.
§ 3142(g).” 	U.S.S.G. § 1B1.13(2). 	Mr. Gonzalez Nevarez’s crimes were serious,
meriting a ten-year mandatory sentence, but he has served almost seven years of this
sentence. 	While FCI Allenwood records about his disciplinary bookings are not
available due to staffing issues there, Mr. Gonzalez Nevarez affirms that he has not
had a behavior write up in more than three years. 	Even if he did have minor
infractions for example fighting, the Court notes that other courts have not held such
disciplinary records to foreclose relief.
	See, e.g., United States v. Marks, 03-CR-
6033L, 455 F. Supp. 3d 17, 26–27 (W.D.N.Y. Apr. 20, 2020) (granting compassionate
release for defendant with a checkered disciplinary record over a long-term of
imprisonment). 	And considering Mr. Gonzalez Nevarez was sentenced to five years
of supervised release, the Court is satisfied that those conditions will mitigate any
risk that is presented by his release.
United States v. Johns, No. CR 91-392-TUC-
CKJ, 2019 WL 2646663, at *3 (D. Ariz. June 27, 2019) (citing 18 U.S.C. § 3142(g)).
5 The medical records are only seven or eight months old. 	Mr. Gonzalez
Nevarez’s attorney points out the difficulty in communicating with his client and
therefore obtaining more current records because of staffing shortages at FCI
Allenwood. ECF No. 62 at 5 n.2.
Case 1:20-cr-00080-JJM-LDA Document 70 Filed 01/27/26 Page 6 of 8 PageID #:
<pageID>

7
The Court also could revoke his supervised release should he not meet those
conditions and is prepared to do so if the need arises.
	See U.S.C. § 3583(e);
Johnson
v. United States, 529 U.S. 694, 697 (2000).
C. Section 3553 Factor Consideration
Now that the Court has found there are extraordinary and compelling reasons
to grant Mr. Gonzalez Nevarez’s compassionate release request, the Court must
evaluate his sentence under the § 3553(a) factors to determine what sentence would
be “sufficient, but not greater than necessary.”
	See 18 U.S.C. § 3582(c)(1)(A); 18
U.S.C. § 3553(a).
First, the Court considers the need for the sentence to, among other things,
“reflect the seriousness of the offense.” 18 U.S.C. § 3553(a)(2)(A). While Mr. Gonzalez
Nevarez crimes were serious and the lengthy sentence reflects that, he has served
almost seven years of that sentence. The Court also reviews Mr. Gonzalez Nevarez’s
history and characteristics.
See 18 U.S.C. § 3553(a)(1). He is thirty-one years old,
having committed the crime when he was twenty-three years old. He appears to want
to improve his life and has availed himself of educational and vocational programs at
FCI Allenwood, earning certifications and his GED. 	In totality, this Court believes
that, after spending more than half of his ten-year sentence behind bars, the § 3553(a)
factors weigh in favor of Mr. Gonzalez Nevarez’s early release.
Case 1:20-cr-00080-JJM-LDA Document 70 Filed 01/27/26 Page 7 of 8 PageID #:
<pageID>

8
III. 	CONCLUSION
The Court finds that Mr. Gonzalez Nevarez’s Motion for Compassionate
Release 	is 	ripe 	for 	the 	Court’s 	review, 	that 	extraordinary 	and 	compelling
circumstances exist to reduce his sentence, that the § 3553(a) factors warrant a
reduction, and that Mr. Gonzalez Nevarez will not be a danger to society upon release.
The Court therefore:
1. GRANTS Carlos Gonzalez Nevarez’s Motion for Compassionate Release
(ECF No. 62);
2. REDUCES Mr. Gonzalez Nevarez’s sentence to time served as of February
6, 2026; and
3. IMPOSES the same terms and conditions of supervised release as previously
imposed.
IT IS SO ORDERED.
s/John J. McConnell, Jr.
_________________________________
JOHN J. MCCONNELL, JR.
Chief Judge
United States District Court
January 27, 2026
Case 1:20-cr-00080-JJM-LDA Document 70 Filed 01/27/26 Page 8 of 8 PageID #:
<pageID>