Defense argues prosecution’s opposition was misguided

Former U.S Army Reserve Jordan Jucutan’s defense is arguing that the opposition to his early release is misguided and unwarranted and that he is not safe in prison due to the COVID-19 pandemic, which has affected many prisons in the United States.

Jucutan’s lawyers, Danielle Pfifferling and Barbara Butterworth, argue that Jucutan will be much safer at home where he will be able to self-isolate.

Jucutan is currently in prison at the Federal Correctional Institution in Sheridan, Oregon.

The defense cited a declaration from Warden Josias Salazar that demonstrated that some inmates at SCP Sheridan, a minimum-security Satellite Camp also operated by the Federal Bureau of Prisons in Sheridan, have been released due to COVID-19, because Salazar believes there is a risk to inmates from COVID-19.

Jucutan’s attorneys also cited the declaration of James Keller, acting unit manager at FDC Sheridan, stating that 21 inmates from SCP Sheridan were allowed compassionate releases due to COVID-19 and that the prison has found that there is a risk of inmates in SCP Sheridan contracting COVID-19.

Pfifferling and Butterworth said the Federal Bureau of Prisons cannot prevent or even limit the spread of COVID-19 at FCI Sheridan, FDC Sheridan, and SCP Sheridan.

According to Saipan Tribune archives, assistant U.S attorney Garth Backe opposed Jucutan’s request for early release because he said Jucutan is at a minimum-security satellite camp and not at the main prison of the Federal Correctional Institution in Sheridan, Oregon.

Secondly, Backe said the U.S. government disputes the defendant’s characterization of the Bureau of Prisons’ ability to handle the present situation at FCI Sheridan.

Lastly, Backe said the U.S. government opposed the motion because Jucutan is proposing to move from a location where there have been zero positive cases, SCP Sheridan, to a place where there have been close to 1,000, in Thurston County, Washington.

Jucutan, who is serving a 28-month prison sentence for wire fraud and aggravated identity theft, asked for his early release because his alleged underlying medical conditions, obesity and asthma, puts him at a high risk of contracting COVID-19.

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

Jucutan was convicted 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 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.