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- prd;;3:16-cr-00412_de1401 RegisterActionDate "2021-03-12" @default.
- prd;;3:16-cr-00412_de1401 RegisterActionDescriptionText "ORDER denying without prejudice 1322 Motion for Compassionate Release - 18 U.S.C. Section 3582(c)(1)(A) as to Carlos Padilla-Perez (27); noted 1326 Motion in Compliance as to Carlos Padilla-Perez (27); granting 1328 Motion to Restrict as to Carlos Padilla-Perez (27). Defendant has failed to meet his burden of establishing 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; (3) that he does not pose a danger to the community; and (4) that a sentence reduction is consistent with 18 U.S.C. 3553(a) and the applicable policy statements issued by the Sentencing Commission. Even if the Court were to excuse the failure to exhaust administrative remedies, Defendant's motion lacks 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. See United States v. Raia, 954 F.3d 594, 597 (3d Cir. 2020) ("We do not mean to minimize the risks that COVID-19 poses in the federal prison system... But the mere existence of COVID-19 in society and the possibility that it may spread to a particular prison alone cannot independently justify compassionate release, especially considering BOP's statutory role, and its extensive and professional efforts to curtail the virus's spread."). Moreover, Defendant, a 25-year-old man, contracted COVID-19 and has made a full recovery. Defendant has similarly failed to show that he does not pose a danger to the community, considering the crime of conviction; or that a sentence reduction would be consistent with 18 U.S.C. 3553(a) and the applicable policy statements, since he has only served approximately 30% of his sentence. For these reasons, Defendant's Motion 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). Finally, Defendant has failed to show that this Court has jurisdiction over any request for home confinement, considering that the BOP is solely responsible for determining an inmates place of incarceration. See 18 U.S.C. § 3621(b). Signed by Judge Jay A. Garcia-Gregory on 3/12/2021. (MQ) (Entered: 03/12/2021)" @default.
- prd;;3:16-cr-00412_de1401 AdministrativeID "1330" @default.
- prd;;3:16-cr-00412_de1401 OntologyLabel dismiss_without_prejudice @default.
- prd;;3:16-cr-00412_de1401 OntologyLabel order @default.
- prd;;3:16-cr-00412_de1401 hasReferenceToOtherEntry prd;;3:16-cr-00412_de1393 @default.
- prd;;3:16-cr-00412_de1401 hasReferenceToOtherEntry prd;;3:16-cr-00412_de1397 @default.
- prd;;3:16-cr-00412_de1401 hasReferenceToOtherEntry prd;;3:16-cr-00412_de1399 @default.