United States District Court, E.D. Kentucky, Central Division, Lexington
MEMORANDUM OPINION & ORDER
M. HOOD SENIOR U.S. DISTRICT JUDGE.
matter is before the Court on Defendant John Guzman's
motion, styled a motion for “reduction in
sentence” under the First Step Act. [DE 114]. In fact,
Guzman requests this Court grant him early release,
claiming there are “extraordinary and compelling”
reasons to do so under the First Step Act, 18 U.S.C. §
3582(c)(1)(A). [DE 114 at 1-6, PageID #1661-66]. In the
alternative, he asks for early release to home detention
under the “Second Chance Act, ” 34 U.S.C. §
60541(g), which allows early release to home detention for
elderly and terminally ill offenders. [Id. at 6-7,
28, 2019, this Court directed the United States to respond to
Guzman's motion. [DE 115]. The United States having now
responded, [DE 116], and Guzman having replied in support of
his motion, [DE 117], this matter is now ripe for review.
Having reviewed said motion, and being otherwise sufficiently
advised, IT IS ORDERED that Guzman's
motion is DENIED.
FACTUAL AND PROCEDURAL BACKGROUND
November 18, 2016, after a one-week jury trial, Guzman was
found guilty on nine counts of bank fraud in violation of 18
U.S.C. § 1344(1). [DE 42]. On February 21, 2017, Guzman
was sentenced to a term of imprisonment of fifty (50) months
on each of the nine counts to run concurrently. [DE 60].
is currently serving his sentence at Federal Medical Center
(“FMC”) in Lexington, Kentucky. [Id.].
Guzman is 73 years old and has served more than 50 percent of
his sentence. He now requests early release. [DE 114].
Guzman's Request for Early Release Under 18 U.S.C. §
argues that he is entitled to early release under 18 U.S.C.
3582(c)(1)(A). First, he argues he is entitled to early
release for “extraordinary and compelling
reasons.” [DE 114 at 1, PageID #1161]. Second, he
argues that he is entitled to compassionate release.
[Id. at 2, PageID #1662]. In support of these
arguments, Guzman claims he is a 73 years of age and has
several serious medical conditions, from which he claims he
is not expected to recover. [Id. at 1, PageID
even if Guzman demonstrated an “extraordinary and
compelling” reason to reduce his term of imprisonment
under 18 U.S.C. § 3582(c)(1)(A)(i), or met the
requirements for compassionate release under 18 U.S.C. §
3582(c)(1)(A)(ii), Guzman failed to exhaust his
administrative remedies as required by the statute. As such,
his request for a reduction is premature at this time and
must be denied.
December 21, 2018, the First Step Act of 2018, Pub. L. No.
115-391, 132 Stat. 5194, was signed into law. Among other
reforms, the First Step Act of 2018 expands the criteria for
compassionate release and gives defendants the opportunity to
appeal the Bureau of Prisons' denial of compassionate
release. Pub. L. No. 115-391, § 603(b). To request a
reduction in his or her term of imprisonment for
“compelling and extraordinary reason, ” or
“compassionate release” a defendant must comply
with the requirements set forth in 18 U.S.C. §
3582(c)(1)(A). The language of 18 U.S.C. § 3582(c)(1)(A)
(c) Modification of an imposed term of imprisonment. The
Court may not modify a term of imprisonment once it has been
imposed except that-
(1)in any case-
(A) the court, upon motion of the Director of the Bureau of
Prisons, or upon motion of the defendant 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, may reduce
the term of imprisonment (and may impose a term of probation
or supervised release with or without conditions that does
not exceed the unserved portion of the original term ...