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Man convicted of wire fraud and aggravated identity theft asks court for early release

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JORDAN Jucutan, who is serving a 28-month prison sentence for wire fraud and aggravated identity theft, has asked the federal court for an early release because of his high risk for getting Covid-19.

He started serving his sentence on July 17, 2019 and with four months reduction for good time, he will be released on July 11, 2021.

According to attorney Danielle Pfifferling, who represents Jucutan, he has an underlying medical condition, obesity and asthma that the “Centers for Disease Control and Prevention advises will put him at increased risk of severe illness from coronavirus.”

“Due to Jucutan’s imprisonment,” the lawyer added, “he is unable to take the CDC’s recommended necessary actions to prevent such illness.”

Pfifferling asked the court for a reduction of Jucutan’s prison sentence to time served and for immediate release, adding that the compassionate release statute allows a court to reduce a sentence for “extraordinary and compelling reasons.”

Jucutan’s serious health conditions and vulnerability to Covid-19 are extraordinary and compelling reasons warranting such a reduction, Pfifferling said.

Four inmates in Jucutan’s prison have recently tested positive for Covid-19, the lawyer added.

“Due to the communal living conditions, where social distancing is nearly impossible, it is only a matter of time before other inmates contract Covid-19 at Sheridan Federal Correctional Institution,” she said.

Pfifferling said Jucutan, 33, is not a danger to the safety of any other person or to the community and he has served more than half of his 28-month sentence (24-months with good time) for a non-violent offense.

“Moreover, Jucutan has maintained clear conduct throughout his incarceration. Additionally, Jucutan has a wife and four children who are ready and able to welcome their husband and father home. These facts all weigh strongly in favor of reducing his sentence to time served so that he may protect himself from a potentially fatal infection from Covid-19,” Pfifferling added.

She said Jucutan has exhausted all his administrative remedies and qualifies for immediate compassionate release.

A former Army Reserve member, Jucutan was indicted on the charge of engaging in a scheme to defraud the U.S. government and obtaining money falsely by claiming he referred nominees or potential soldiers to enlist in the Army Reserve through the AR-RAP program and received $2,000 for every nominee that enlisted and went through the training.

Jucutan said he recruited a total of 38 nominees. He earlier signed a sworn affidavit admitting he “stole” the personal information of four nominees, entered their information into the Docupak webpage and received $9,000 for the nominations. Dokupak runs the AR-RAP program.

On May 26, 2016, a federal jury found Jucutan guilty of four counts of wire fraud and four counts of aggravated identity theft in connection with the scheme to defraud the Army Reserves Recruiter Assistant Program.

U.S. District Court for the NMI Senior Judge Alex R. Munson then sentenced Jucutan to two years and four months in prison.

 

 

 

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