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- prd;;3:16-cr-00412_de1304 RegisterActionDate "2020-06-03" @default.
- prd;;3:16-cr-00412_de1304 RegisterActionDescriptionText "ORDER denying without prejudice 1220 Motion to Reduce Sentence as to Anthony B. Rivera-Lopez (12); noted 1233 Motion in Compliance as to Anthony B. Rivera-Lopez (12). Defendant has failed to establish that compassionate release is warranted pursuant to 18 U.S.C. 3582(c)(1)(A). Specifically, Defendant has failed to establish: (1) exhaustion of administrative remedies; (2) extraordinary and compelling reasons justifying a reduction in sentence; and (3) that a sentence reduction is consistent with 18 U.S.C. 3553(a) and the applicable policy statements issued by the Sentencing Commission. Defendant's motion lacks specific information regarding the risk of COVID-19 infection at the facility where he is currently being held, and evidence supporting the allegations of preexisting health conditions that would increase for Defendant the risks posed by COVID-19 infection beyond the risks posed to the general population. Moreover, the BOP has implemented a comprehensive plan to minimize the risk of COVID-19 transmission and protect the well-being of all inmates. Finally, Defendant has failed to show this Court has jurisdiction over his request for home confinement, considering that the BOP is solely responsible for determining an inmate's place of incarceration. See 18 U.S.C. § 3621(b). For these reasons, Defendant's Motion for Modification of Sentence is hereby DENIED without prejudice. Defendant may refile the present motion provided he submits evidence to satisfy the requirements of 18 U.S.C. 3582(c)(1)(A). Signed by Judge Jay A. Garcia-Gregory on 6/3/2020. (MQ) (Entered: 06/03/2020)" @default.
- prd;;3:16-cr-00412_de1304 AdministrativeID "1235" @default.
- prd;;3:16-cr-00412_de1304 OntologyLabel dismiss_without_prejudice @default.
- prd;;3:16-cr-00412_de1304 OntologyLabel order @default.
- prd;;3:16-cr-00412_de1304 hasReferenceToOtherEntry prd;;3:16-cr-00412_de1289 @default.
- prd;;3:16-cr-00412_de1304 hasReferenceToOtherEntry prd;;3:16-cr-00412_de1302 @default.