Judge Batts -- A Little Harsh On Downward Departures Based On Health Problems

United States v. Gutierrez, No. 04 Civ. 6529, 02 CR. 1312 (DAB), 2005 WL 2207026 (S.D.N.Y. Sept. 6, 2005)

Judge Battes imposed a sentence of 342 months imprisonment on a defendant (Gutierrez) convicted of serious narcotics offenses.  Gutierrez moved pro se pursuant to 28 U.S.C. 2255 to vacate the sentence based on (among other things) Judge Batts' failure to depart downward based on Gutierrez's serious health problems -- which, according to Judge Batts, "reportedly" included "advanced diabetes," high blood pressure, "severe renal failure," glaucoma, two strokes, confinement to a wheelchair, and daily dialysis and medication."  Judge Batts declined to revise her sentence because Gutierrez "neither claims nor provides any evidence that such health problems cannot be adequately addressed in one of the Bureau of Prison's many medical facilities" and because at sentencing Gutierrez' "attorney stated that the BOP's hospital in Fort Worth, Texas could furnish the best treatment that he needs for the various ailments that he has."

In light of Gutierrez's significant and serious medical conditions, Judge Batts' 342 month sentence seems a bit harsh.  And, even though the BOP medical facility mentioned at sentencing may be able to provide the "best treatment" for Gutierrez, the question of whether or not another sentence is appropriate is not addressed.  Rather, acknowledgement of that BOP's facility's facilities is merely an acknowledgment of the best circumstance for Gutierrez if Judge Batts does not sentence him outside of his Guidelines range.