Terminal Illness in California

Terminal Illness leads to compassion from federal court Judge
April 28, 2021

United States v. Perez

United States District Court for the Southern District of California

2021 U.S. Dist. LEXIS 80569

Release to home confinement granted due to terminal illness

October 10, 2008,Raul Jose Perez was charged with three counts of Possession with Intent to Distribute a Controlled Substance as well as Possession of a Firearm During and in Relation to a Drug Trafficking Crime. Due to his prior convictions, Perez’s guideline sentencing range was 120-135 months. On April 5, 2010, the Court sentenced him to 120 months, the mandatory minimum. As required by law, the Court sentenced him to an additional 60 months for the firearm charge, for a total sentence of 180 months.

Perez filed for sentence reduction based on his medical condition. He is currently 68 years old and suffers from numerous medical conditions, with end stage renal disease being his most serious illness, for which he receives dialysis three times per week. The court recognized that Perez’s illness is a “deteriorating medical condition,” and stated that based on his medical history, notes that Perez may have a “steeper than average end-of-life trajectory.” Based on his age and physical condition, the court also feels that Perez is a “low security risk” and noted the support from his wife and son that he will receive outside of prison.

Because of the severity of his terminal illness, the court granted Perez’s request, allowing him to serve the remainder of his sentence in home confinement.

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