A military veteran convicted in a federal drug case that involved 16 grams of methamphetamine was granted his request for early release from prison.
Jesse Anthony Cruz, who was sentenced to 27 months in prison in June 2019, had asked the District Court of Guam for a reduced sentence.
Court documents state Cruz suffers from several ailments, including a major depressive disorder, post-traumatic stress disorder, post-traumatic osteoarthritis, left foot drop, a degenerative spinal disc disorder, sciatica and sleep apnea.
On Oct. 14, Cruz was mistakenly released from the Federal Correctional Facility in Sheridan, Oregon, due to an apparent miscalculation. He was sent back to Guam even though his term for home confinement was not set to start until next February, documents state.
“When he arrived in Guam as a free man, he was subjected to a mandatory quarantine period at a government facility. However, while defendant was at the quarantine facility, (Bureau of Prisons) realized its mistake, and had defendant arrested when he left the quarantine facility,” Chief Judge Frances Tydingco-Gatewood stated in her order.
Cruz was being held at the Hagåtña Detention Facility.
“Defendant is needlessly suffering from mental and physical ailments, many of which he incurred while providing military service to this country,” the order states. “This suffering resulted from the disappointing failure of the BOP to properly calculate defendant’s release date and supply him with medication upon his release, and the U.S. marshals’ failure to follow up on the requested medication and CPAP machine.”
Cruz was granted release Wednesday and will be on supervised release for four years.
Cruz had pleaded guilty to conspiracy to possess with intent to distribute meth. He was accused of making arrangements with another person in September 2017 to have a package containing meth delivered to Guam, according to his plea agreement. Cruz intended to deliver the package to a co-conspirator in exchange for about 16 grams of meth, the agreement stated.