USA v. Garcia-Hernandez et al

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UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
vs.
JUAN FRANCISCO HERRERA-
RODRIGUEZ,
Defendant.
4:15-CR-40119-02-KES
ORDER DENYING MOTION FOR
RELIEF UNDER THE
FIRST STEP ACT
Defendant, Juan Francisco Herrera-Rodriguez, filed a motion for
compassionate release under 18 U.S.C. § 3582(c)(1)(A)(i). Docket 149. Plaintiff,
the United States of America, opposes the motion. Docket 152. For the
following reasons, the court denies defendant’s motion for compassionate
release.
BACKGROUND
On June 2, 2016, a jury found Herrera-Rodriguez guilty of conspiracy to
distribute a controlled substance in violation of 21 U.S.C. §§ 841(a)(1) and 846.
Docket 80; Docket 82 at 6. On August 19, 2016, the court sentenced Herrera-
Rodriguez to 121 months in custody followed by three years of supervised release.
Docket 95 at 2; Docket 97 at 2-3. His projected date of release is April 20, 2024.
Docket 149 at 2; Docket 151 at 50.
Herrera-Rodriguez is incarcerated at FCI Edgefield, a medium security federal
correctional institution in Edgefield, South Carolina. FCI Edgefield, Fed. Bureau of
Prisons, https://www.bop.gov/inmateloc/ (last visited Feb. 16, 2022). The total
population at FCI Edgefield is 1,849 persons. Id.
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In support of his motion, Herrera-Rodriguez argues that he is a low-risk
prisoner, his instant offense is not a crime of violence, and he is a deportable alien.
Docket 149 at 1; Docket 154 at 2. Therefore, his sentence should be modified under
Sections 502 and 503 of the First Step Act. Id. Because of his status as a deportable
alien, Herrera-Rodriguez advises the court that he does not qualify for the
Residential Drug and Alcohol Program offered by the Bureau of Prisons, and he will
not be afforded the opportunity of a 12-month sentence reduction upon completion
of the program. Docket 154 at 2-3. Given these circumstances, he requests a
sentence reduction of 6 months. Id. at 4-5.
Herrera-Rodriguez submitted a letter notifying the court of his intention to
submit a request for a reduction in sentence to the warden. Docket 153. He asked
the court to refrain from ruling on his motion for 40 days so he could exhaust his
administrative remedies. Id. More than 40 days have passed since Herrera-
Rodriguez wrote to the court, and he has not provided evidence of a request being
sent to the warden, nor has he provided a denial letter. Id.
DISCUSSION
Because sentences are final judgments, a court ordinarily “may not
modify a term of imprisonment once it has been imposed[.]” 18 U.S.C. §
3582(c). In 2018, Congress passed the First Step Act (FSA). Pub. L. No. 115-
391, 132 Stat. 5194 (2018). In pertinent part, the FSA amends 18 U.S.C.
§ 3582(c)(1)(A) to permit incarcerated defendants in certain circumstances to
file motions with the court seeking compassionate release. Compassionate
release provides a narrow path for defendants with “extraordinary and
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compelling reasons” to leave prison early. 18 U.S.C. § 3582(c)(1)(A)(i). Such a
reduction in sentence must take into consideration the 18 U.S.C. § 3553(a)
sentencing factors and be consistent with applicable policy statements issued
by the Sentencing Commission. 18 U.S.C. § 3582(c)(1)(A).
Previously, only the BOP Director had the authority to bring a compassionate
release motion on a defendant’s behalf. With the enactment of the FSA, however,
Congress has now permitted courts to grant compassionate release on motions filed
by defendants “after the defendant has fully exhausted all administrative rights to
appeal a failure of the Bureau of Prisons to bring a motion on the defendant’s behalf
or the lapse of 30 days from the receipt of such a request by the warden of the
defendant’s facility, whichever is earlier[.]” 18 U.S.C. § 3582(c)(1)(A).
The burden to establish that a sentence reduction is warranted under
18 U.S.C. § 3582(c) rests with the defendant. See United States v. Jones, 836 F.3d
896, 899 (8th Cir. 2016). Herrera-Rodriguez has not shown that he exhausted his
administrative remedies, and the government contends that he has not done so. See
Docket 149; Docket 152 at 2-3; Dockets 153-154. More than 40 days have passed
since the court received his letter and Herrera-Rodriguez has not shown to the court
that he submitted his request to the warden. See Dockets 153-154. The last filing
received from Herrera-Rodriguez was on January 3, 2022. Docket 154. Because
exhaustion of remedies is a requirement for relief and Herrera-Rodriguez has not
fulfilled that requirement, his motion is not ripe for review.
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CONCLUSION
Herrera-Rodriguez has failed to demonstrate that he exhausted his
administrative remedies. Thus, it is
ORDERED that the defendant’s motion for compassionate release under
the First Step Act (Docket 149) is denied without prejudice.
Dated February 16, 2022.
BY THE COURT:
/s/ Karen E. Schreier
KAREN E. SCHREIER
UNITED STATES DISTRICT JUDGE
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