Opinion
18-cr-5018-BEN
09-21-2021
UNITED STATES OF AMERICA, Plaintiff, v. GUADALUPE DIAZ-CRUZ, Defendant.
ORDER DENYING MOTION FOR COMPASSIONATE RELEASE
[ECF No. 61]
HON. ROGER T. BENITEZ, United States District Judge
Pro se, Movant filed a Motion for Compassionate Release pursuant to 18 U.S.C. § 3582(c)(1)(A). The Motion was referred to Federal Defenders pursuant to General Order 692-B. Federal Defenders did not request appointment on Movant's behalf.
It is recognized that at this time there is no applicable policy statement governing compassionate-release motions filed by defendants under the recently amended § 3582(c)(1)(A). It is also recognized that a district court's discretion may be informed by U.S.S.G. § 1B1.13 but that it is not binding and that a district court is empowered to consider any extraordinary and compelling reason for release that a defendant might raise. United States v. Aruda, F.3d __, 2021 WL 1307884 *4 (9th Cir. 2021).
In Diaz-Cruz's case, his motion for release focuses on a perceived policy disparity between his own prosecution history and the way the current administration handles aliens not admitted into the United States. Diaz-Cruz, however, has an extensive criminal history inside the United States. The reasons given do not amount to extraordinary and compelling reasons and the defendant would likely pose a risk of danger to the community if released early.
The motion is DENIED.