IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA :

:

:

v. : CRIMINAL NUMBER 04-647-1

:

:

ENRIQUE IGLESIAS :

DEFENDANT’S REPLY TO THE GOVERNMENT’S RESPONSE IN 

OPPOSITION TO MOTION TO REDUCE SENTENCE 

PURSUANT TO 18 U.S.C. § 3582(c)(1)(A)(i)

Enrique Iglesias, by counsel undersigned, submits the instant reply to the government’s 

opposition to his motion pursuant to 18 U.S.C. § 3582(c)(1)(A)(i) and respectfully requests a 

reduction of sentence to time served. 

The government concedes that Mr. Iglesias presents extraordinary and compelling 

reasons warranting a reduction in sentence. Govt. Resp. 11, fn 4. It nevertheless opposes release 

based on a perceived danger to the community. Respectfully, the government’s focus on Mr. 

Iglesias’s conduct nearly two decades ago is misdirected. A proper analysis that considers 

whether the time Mr. Iglesias has served in prison is minimally sufficient to comply with the 

statutory purposes of sentencing, and what, if any, risk Mr. Iglesias, age 66, poses to public 

safety after sixteen years in jail, compels the finding that release is appropriate.

Mr. Iglesias has served sixteen years in prison and is 66 years old. The government’s 

baseless assertion that his health issues are “well controlled” is simply not correct. The latest 

medical report indicates Mr. Iglesias suffers from untreated diabetes. Of equal or greater 

concern is that he has not undergone an angiogram to determine the extent of artery blockage as 

recommended by the cardiologist, Dr. Mark Soffer, who indicated that despite the pandemic, the 

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test should be done “sooner rather than later.”1 Looking to Mr. Iglesias’s recent conduct and 

history, there exists no objective basis to assert that Mr. Iglesias presents a danger to the 

community today. The government here can cite only to pre-offense criminal history occurring 

more than 20 years ago. As argued previously, there is no violence associated with the instant 

offense. Mr. Iglesias acknowledges the three incidents of misconduct in 2005, while he was 

incarcerated at the Federal Detention Center prior to his designation. 

More relevant to the question of who Mr. Iglesias is today. He has served more than a 

decade and a half in jail. During that time, his security classification has steadily decreased. Mr. 

Iglesias was originally designated to a penitentiary and was moved to a medium security facility. 

He is now classified as low security at FCI Fort Dix. Notably, his disciplinary infractions 

occurred at the beginning of his incarceration while he was at the Federal Detention Center 

awaiting trial and then designation. He has incurred only a single infraction since then-- misuse 

of a phone in 2017, when his mother died. 

Mr. Iglesias’s post-offense conduct, not mentioned by the government, proves this very 

point. He has taken advantage of educational, vocational and life-skills programming. See

previously filed, Def. Mtn. Exhibit D. So too, the government’s concern over safety ignores 

three critically important considerations-- the indisputable effect of the aging process which 

significantly reduces recidivism, that Mr. Iglesias will remain under the supervision of United 

States Probation and this Court for five years following his release; and finally, that he will 

reside with his sister and brother in law, a retired police officer, in a supportive and stable home 

environment. 

 

1 Undersigned counsel submitted a copy of the cardiology report to the Court by letter on December 

30, 2020. 

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In addition, it must be noted here that, despite the government’s detailed explanation of 

the Bureau of Prisons “plan,” now in its ninth phase, BOP efforts with regard to the COVID-19 

pandemic have either not been in fact implemented, have simply failed, or sadly, some 

combination of the two. Thus, putting forth BOP claims of its efforts are irrelevant to the reality 

of what’s going on at FCI Fort Dix. The government’s brief in opposition, (ECF. No. 136), 

blithely cites the staggering COVID-19 cases for the Court. The government has indicated the 

BOP has put forth “strenuous efforts.” However, despite these efforts, as of January 8, 2021, as 

noted in their brief, there are 724 people infected with the virus, and 566 people have recovered. 

Over the weekend, the numbers of those infected increased—in spite of the BOP plan and 

precautionary measures.2 According to the statistics available for FCI Fort Dix on Bureau of 

Prisons website just today, there are 789 inmates infected and 23 staff, with 530 inmates and 45 

recovered.

3

 These numbers, terrifying on their own, present a great threat to Mr. Iglesias, who is 

obese, has a high BMI; hypertension; hyperlipidemia; untreated Type II diabetes and a “very 

high” MESA number indicating blocked arteries. It remains a mystery when and if FCI Fort 

Dix, currently dealing with an uncontrolled and worsening outbreak, can address the testing and 

provide the appropriate and proper treatment Mr. Iglesias desperately needs. 

Upon weighing all relevant factors, it is clear that Mr. Iglesias no longer presents a 

danger to the community. He has significant family connections. Family members 

communicate with him regularly and maintain involvement with him. The Court can rely on Mr. 

 

2 On December 16, 2020, the defense filed a petition for compassionate release. On that date, 12 

inmates were infected. On December 30, 2020, the defense submitted a letter to the Court with additional 

medical information and updated statistics regarding infected inmates and staff at FCI Fort Dix. On 

December 31, 2020, 442 inmates were infected with the virus and 11 staff. www.bop.gov

3 www.bop.gov

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Iglesias’s post offense rehabilitation as well as the concern and involvement of his sister, brother 

in law, and his adult daughter, to assist him with smoothly re-entering the community. The 

previously imposed term of supervised release also mitigates any danger he might pose.

Respectfully submitted,

/s/ Maranna J. Meehan

MARANNA J. MEEHAN

Assistant Federal Defender

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CERTIFICATE OF SERVICE

I, Maranna J. Meehan, Assistant Federal Defender, Federal Community Defender Office 

for the Eastern District of Pennsylvania, hereby certify that I served a copy of the Defendant’s

Reply to the Government’s Response in Opposition to Motion to Reduce Sentence Pursuant to 18 

U.S.C. § 3582(c)(1)(A)(i) to be filed and served electronically through the Eastern District 

Clerk’s Office Electronic Case Filing (“ECF”) and/or electronic mail upon Christopher Diviny

and Robert A. Zauzmer, Assistant United States Attorneys, United States Attorney’s Office, 615 

Chestnut Street, Suite 1250, Philadelphia, Pennsylvania 19106.

/s/ Maranna J. Meehan

MARANNA J. MEEHAN

Assistant Federal Defender

DATE: January 11, 2021

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