USA v. DOE

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
UNITED STATES OF AMERICA
v.
JOHN DOE,
Defendant.
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Docket no. 2:11-cr-00136-GZS
ORDER ON MOTION FOR SENTENCE REDUCTION UNDER 18 U.S.C. § 3582(c)(1)(A)
(COMPASSIONATE RELEASE)
Upon the motion of the Defendant for a reduction in sentence under 18 U.S.C.
§ 3582(c)(1)(A), and after considering the applicable factors provided in 18 U.S.C. § 3553(a) and
the applicable policy statements issued by the Sentencing Commission,
IT IS ORDERED that the Motion (ECF No. 188) and Related Motions (ECF Nos. 192 193,
195) are
GRANTED
The defendant’s previously imposed sentence of imprisonment of _________
is reduced to _________. If this sentence is less than the amount of time the
defendant already served, the sentence is reduced to a time served; or
Time served.
If the defendant’s sentence is reduced to time served:
This order is stayed for up to fourteen days, for the verification of the
defendant’s residence and/or establishment of a release plan, to make
appropriate travel arrangements, and to ensure the defendant’s safe release.
The defendant shall be released as soon as a residence is verified, a release
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plan is established, appropriate travel arrangements are made, and it is safe for
the defendant to travel. There shall be no delay in ensuring travel
arrangements are made. If more than fourteen days are needed to make
appropriate travel arrangements and ensure the defendant’s safe release, the
parties shall immediately notify the court and show cause why the stay should
be extended; or
There being a verified residence and an appropriate release plan in place, this
order is stayed for up to fourteen days to make appropriate travel
arrangements and to ensure the defendant’s safe release. The defendant shall
be released as soon as appropriate travel arrangements are made and it is safe
for the defendant to travel. There shall be no delay in ensuring travel
arrangements are made. If more than fourteen days are needed to make
appropriate travel arrangements and ensure the defendant’s safe release, then
the parties shall immediately notify the court and show cause why the stay
should be extended.
The defendant must provide the complete address where the defendant will reside
upon release to the probation office in the district where they will be released because
it was not included in the motion for sentence reduction.
Under 18 U.S.C. § 3582(c)(1)(A), the defendant is ordered to serve a “special term”
of 	probation or 	supervised release of _________ months (not to exceed the
unserved portion of the original term of imprisonment).
The defendant’s previously imposed conditions of supervised release apply to
the “special term” of supervision; or
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The conditions of the “special term” of supervision are as follows:
The defendant’s previously imposed conditions of supervised release are
unchanged:
The defendant’s previously imposed conditions of supervised release are
modified as follows:
DEFERRED pending supplemental briefing and/or a hearing. The court DIRECTS the
United States Attorney to file a response on or before Click or tap here to enter text., along
with all Bureau of Prisons records (medical, institutional, administrative) relevant to this
motion.
DENIED after complete review of the motion on the merits.
Factors Considered (Optional)
Having reviewed the prison records and all of the materials submitted (ECF Nos.
192, 193, 195–97) since the docketing of the Order to Show Cause (ECF No. 191), the Court
acknowledges Defendant’s ongoing significant issues related to an emergency back surgery
he underwent in 2018. The Court also notes that in his most recent filing Defendant
indicated that he is due to be transferred to a BOP medical facility for further treatment of
these issues. Having fully considered the entire docket, the Court concludes that Defendant
has not met his burden of establishing that extraordinary and compelling reasons presently
warrant a reduction in his sentence, or that he otherwise currently qualifies for a sentence
reduction under 18 U.S.C. § 3582(c)(1)(A). The Court also concludes on the current
record, giving due weight to the nature and circumstances of the underlying offense, that
Defendant has not shown that he will not be a danger to the community if he was granted
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release at this time. In reaching this conclusion, the Court has considered all of the factors
listed 18 U.S.C. § 3553(a), as well as the factors listed in 18 U.S.C. § 3142(g). This denial is
without prejudice to Defendant filing a renewed motion based on further medical
developments and future treatment needs.
DENIED WITHOUT PREJUDICE because the defendant has not exhausted all
administrative remedies as required in 18 U.S.C. § 3582(c)(1)(A), nor have 30 days lapsed since
receipt of the defendant’s request by the warden of the defendant’s facility.
SO ORDERED.
/S/ George Z. Singal
United States District Judge
Dated this 12th day of November, 2020.
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