USA v. Villarreal et al

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
5:18-CR-00048-KDB-DSC
THIS MATTER is before the Court upon motion of the defendant pro se for
compassionate release based on his declining medical condition under the First Step
Act of 2018. (Doc. No. 391).
Section 603(b) of the Act amended 18 U.S.C. § 3582(c)(1)(A), which previously
only allowed a court to reduce a term of imprisonment on motion of the Director of
the Bureau of Prisons. Now a court may entertain a motion filed by a defendant: (1)
after full exhaustion of all administrative rights to appeal a failure of the Bureau of
Prisons to bring a motion on his behalf; or (2) after lapse of 30 days from the receipt
of such a request by the warden of his facility, whichever is less.
The motion fails to show that the defendant has fully exhausted his
administrative rights to appeal a failure of the Bureau of Prisons to bring a motion
on his behalf or that 30 days have elapsed from the warden’s receipt of a request.
Therefore, the Court is without authority to consider the merits of his claim.
IT IS, THEREFORE, ORDERED, that the defendant’s pro se motion (Doc.
No. 391), is DENIED without prejudice.
USA )
)
v. ) ORDER
)
MARTIN VIDAL SANTILLAN (13) )
)
Case 5:18-cr-00048-KDB-SCR Document 392 Filed 03/12/20 Page 1 of 2

The Clerk is directed to certify copies of this order to the defendant, counsel
for the defendant, to the United States Attorney, the United States Marshals
Service, and the United States Probation Office.
Signed: March 12, 2020
Case 5:18-cr-00048-KDB-SCR Document 392 Filed 03/12/20 Page 2 of 2