USA v. Shandrick

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA,
Plaintiff,
v.
JOSHUA JOEL SHANDRICK,
Defendant.
Case No.: 23-cr-0024-CAB
ORDER ON MOTION TO REDUCE
SENTENCE PURSUANT TO
18 U.S.C. § 3582(c)(1)(a)(i)
[Doc. No. 48]
Defendant Joshua Joel Shandrick filed a motion for sentence reduction pursuant to
18 U.S.C § 3582(c)(1)(A). [Doc. No. 48.] Plaintiff United States of America filed an
opposition. [Doc. No. 53.] Defendant submitted a reply. [Doc. No. 56.] The matter has
been fully briefed, and the motion is suitable for determination on the papers. The motion
is GRANTED.
I. LEGAL STANDARD
A court may modify or reduce the defendant’s term of imprisonment after
considering the factors set forth in 18 U.S.C. § 3553(a), if the court finds that
“extraordinary and compelling reasons” justify the reduction and that “such a reduction is
consistent with applicable policy statements issued by the Sentencing Commission.” 18
U.S.C. § 3582(c)(1)(A)(i). Defendant requests early release due to extraordinary family
circumstances so he may provide care for his dependent special needs daughter and his
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elderly parents. USSG §1B1.13(b)(3). As the movant, the defendant bears the burden to
establish that he is eligible for a sentence reduction. United States v. Varnado, 2020 WL
2512204, at *1 (S.D. Cal. May 15, 2020); United States v. Holden, 2020 WL 1673440, at
*3 (D. Or. April 6, 2020).
II. CASE BACKGROUND
The Defendant was sentenced on September 20, 2023, to 51 months in the custody
of the Bureau of Prisons (BOP), followed by a three-year term of supervised release, on
one count of importation of cocaine, in violation of 21 U.S.C. §§ 952 and 960. [Doc. No.
43.] Defendant pled guilty to the importation of approximately 58.74 kilograms of cocaine.
[Doc. No. 33.] The Defendant qualified for a role reduction, reducing his base offense
level to 31 and he was afforded 2 points for minor role. Although his criminal history
score was 32 and he was in a criminal history category VI, at the time of his sentencing
Ninth Circuit precedent made him eligible for a 2-point safety value reduction as he did
not have a scoring 2-point violent offense.1 With acceptance of responsibility and an early
resolution departure, the Defendant’s adjusted offense level was 20 and his guideline range
was 70 to 87 [Doc. No. 41.] The government recommended a variance to 60 months. [Id.]
Defendant requested a variance to 48 months. [Doc. No. 40.]
After considering all the 18 U.S.C. § 3553(a) factors, including the seriousness of
the offense, the need for general deterrence and the Defendant’s personal characteristics
and other mitigating factors including his health and family circumstances, the Court
sentenced the Defendant 51 months. [Doc. No. 43.] Currently the Defendant has completed
approximately 38 months of custody, about 75% of his custodial term. According to
Defendant’s counsel his release date is November 14, 2026, and he is eligible for home
detention in mid-June 2026. [Doc. No. 56.]
1 U.S. v. Lopez, 998 F.3d 431 (9th Cir. 2021), abrogated by Pulsifer v. U.S., 601 U.S. 124 (2024).
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III. EXHAUSTION OF ADMINISTRATIVE REMEDIES
Defendant has satisfied the administrative requirements under 18 U.S.C.
§3582(c)(1)(A). [Doc. No. 48, at 12-13.]
IV. COMPASSIONATE RELEASE CONSIDERATIONS
In accordance with the policy statement set forth under U.S.S.G. § 1B1.13(b)(3)(A)
and (C), the Defendant seeks early release to provide care for his minor child and elderly
parents. At the time of sentencing, the Defendant’s parents, who are the guardians and
primary caregivers for his special needs daughter, appeared capable of caring for her.
Defendant has persuasively demonstrated that since that time, their ability to provide care
for her and themselves has dramatically deteriorated. [Doc. No. 56, at 4-5.] This situation
has gone beyond the ordinary stress of caring for a minor child in the absence of an
incarcerated parent. The minor’s needs and the incapacity of Defendant’s parents have
made this family situation extraordinary.
The minor’s mother is not available to provide care. [Id., at 5.] Other relatives either
cannot provide the needed care or do not reside in the area and relocating their families to
provide care for the minor child is not a realistic option. Nor is relocating the minor due
to her various medical and educational needs. [Id. at 5-7.]
The Defendant has met his burden to establish that his family circumstances are
extraordinary and compelling in accordance with U.S.S.G. § 1B1.13(b)(3)(A) and (C).
Finally, Defendant has shown that the sentencing factors under 18 U.S.C. §3553(a)
have largely been accomplished at this time. Defendant has already served approximately
75% of his custodial term and will shortly be eligible for home detention. Adjusting the
Defendant’s sentence to time served and adding a condition of ten months of home
detention to his conditions of supervision will reflect the seriousness of the offense,
promote respect for the law, provide just punishment, and afford adequate general and
specific deterrence.
/ / / / /
/ / / / /
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V. CONCLUSION
For the reasons discussed above, Defendant’s motion to reduce his sentence to time
served as of February 6, 2026, is GRANTED, conditioned upon the following:
1. Defendant begins to serve the three-year term of supervised release originally
imposed by the Court with all conditions set at the sentencing to remain the same;
2. During the first 10 months of supervised release, the Defendant will be on home
detention, monitored at the discretion of U.S. Probation, and he may be required
to contribute to the costs of monitoring based on his ability to pay;
3. Within 72 hours of being released from custody, Defendant shall contact the U.S.
Probation Office to receive further instructions pertaining to the necessary
preparations for Defendant’s supervised release;
4. Defendant will affirmatively demonstrate to the Court and U.S. Probation that he
has a stable and appropriate residence and that he has an appropriate means of
traveling to that location, or that he report to an RRC placement as directed by
U.S. Probation.
IT IS SO ORDERED.
Dated: February 3, 2026
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