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-10
THIS MATTER is before the Court upon what can most liberally be read as
a motion of the defendant pro se for compassionate release based on the COVID-19
pandemic under 18 U.S.C. § 3582(c)(1)(A), the First Step Act of 2018 and the
Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020. (Doc. No.
414). His conclusory and unsupported motion will be denied without prejudice.
Section 603(b) of the First Step Act amended § 3582(c)(1)(A), which
previously only allowed a court to reduce a term of imprisonment on motion of the
Director of Prisons (BOP). 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 BOP 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.
Here, defendant cannot obtain relief from this Court when he has not first
sought it through the warden at his facility. He has not alleged, nor has he
included any documentation, showing that he has requested any such relief from
the BOP. Therefore, this Court will not consider the merits of his claim. United
USA )
)
v. ) ORDER
)
RICKY JOE MOSES )
)
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States v. Raia, 954 F.3d 594, 595 (3d Cir. 2020) (denying motion for compassionate
release based on COVID-19 where defendant did not seek relief from BOP).
In response to the COVID-19 pandemic, the President signed the CARES Act
into law on March 27, 2020. Pub. L. 116-136, 134 Stat 281, 516. Section 12003(b)(2)
of the Act gives the Director of the BOP authority to lengthen the maximum
amount of time a prisoner may be placed in home confinement under 18 U.S.C. §
3624(c)(2) during the covered emergency period, if the Attorney General finds that
emergency conditions will materially affect the functioning of the BOP. On April 3,
2020, the Attorney General issued a memorandum to the Director of the BOP
making that finding and directing the immediate processing of suitable candidates
for home confinement. However, nothing in the CARES Act gives the Court a role
in determining those candidates. See United States v. Caudle, 740 F. App’x 364, 365
(4th Cir. 2018) (district court lacks authority to govern designation of prisoners
under § 3624(c)(2)).
IT IS, THEREFORE, ORDERED, that the defendant’s pro se motion for
compassionate release (Doc. No. 414), is DENIED without prejudice to a renewed
motion properly supported by evidence and after exhaustion of his administrative
remedies.
SO ORDERED.
Signed: December 16, 2020
Case 5:18-cr-00048-KDB-SCR Document 415 Filed 12/16/20 Page 2 of 2