Opinion
16 CR 809 (VM)
06-10-2020
UNITED STATES OF AMERICA v. RICHARD FELIZ, Defendant.
DECISION AND ORDER VICTOR MARRERO, United States District Judge.
Richard Feliz ("Feliz") is currently serving a sentence of 324 months' imprisonment at FCC Allenwood. (See Dkt. No. 327 at 3.) By an undated letter, Feliz moved this Court for compassionate release from custody to home confinement. (See "Motion," attached). The Court now construes the Motion as being made pursuant to 18 U.S.C. Section 3582(c)(1)(A) ("Section 3582"). For the reasons set forth below, the Court DENIES the Motion.
Section 3582 allows a court to reduce a term of imprisonment or supervised release after considering the factors set forth in 18 U.S.C. Section 3553(a) and finding that "extraordinary and compelling reasons warrant such a reduction." See Section 3582(c)(1)(A)(i). However, a court may do so only upon motion of the Director of the Bureau of Prisons ("BOP") or "upon motion of the defendant after the defendant has fully exhausted all administrative rights to appeal a failure of the [BOP] 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." See Section 3582(c)(1)(A).
Feliz bases his Motion on the COVID-19 pandemic, noting its deadly impact. He states that he is at higher risk of negative complications from the coronavirus because he has a cataract that allegedly has not been adequately treated and because men generally have a higher risk of dying due to the virus. (See Motion at 1-2.) Feliz further describes his efforts at rehabilitation. (See id. at 2.) However, Feliz does not mention whether he has submitted a request for compassionate release on these grounds to the warden of his facility.
Because Feliz provides no proof that he has exhausted his administrative avenues for relief with the BOP or waited over thirty days for a response, the Court must deny his motion at this time. See United States v. Mathis, No. 02 CR 891, 2020 WL 550645, at *1 (E.D.N.Y. Feb. 4, 2020). As the Supreme Court has instructed, "[w]here Congress specifically mandates, exhaustion is required." McCarthy v. Madigan, 503 U.S. 140, 144 (1992). Any argument that it would be futile for Feliz to exhaust his administrative remedies is unavailing, as the statute contains an express futility provision: the ability to seek judicial relief if the BOP has not acted within thirty days. See Section 3582; see also Booth v. Churner, 532 U.S. 731, 741 n.6 (2001) ("[W]e will not read futility or other exceptions into statutory exhaustion requirements where Congress has provided otherwise."); Theodoropoulos v. I.N.S., 358 F.3d 162, 172 (2d Cir. 2004) ("[C]ourts are required to strictly enforce statutory exhaustion requirements."). The United States Court of Appeals for the Third Circuit recently confirmed that Section 3582's exhaustion requirements cannot be waived, even during the current pandemic. See United States v. Raia, 954 F.3d 594, 597 (3d Cir. 2020).
If the BOP either denies Feliz relief or takes longer than thirty days to respond to his request, then the Court can consider a renewed motion for compassionate release by Feliz on its merits. The Court directs that Feliz attach documentation proving his satisfaction of the exhaustion requirements and inadequate treatment of his medical condition if he refiles his motion, so that the Court may render a decision on an adequate factual record. See United States v. Bolino, No. 06 CR 806, 2020 WL 32461, at *1, *1 n.1 (E.D.N.Y. Jan. 2, 2020).
Accordingly, it is hereby
ORDERED that the motion of Richard Feliz ("Feliz") for compassionate release (See attached letter) is DENIED. Feliz may refile his motion upon compliance with the exhaustion requirements set forth in 18 U.S.C. Section 3582(c)(1)(A). The Clerk of Court is directed to mail this Decision and Order to Richard Feliz at Federal Correctional Complex Allenwood, P.O. Box 3000, White Deer, PA 17887.
SO ORDERED.
Dated: New York, New York
10 June 2020
/s/_________
Victor Marrero
U.S.D.J.
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