Opinion
3:14-cr-00149-BEN-2
06-07-2021
UNITED STATES OF AMERICA, Plaintiff, v. RICARDO FLORES Defendant.
ORDER DENYING MOTION FOR COMPASSIONATE RELEASE [ECF NO. 144]
HON. ROGER T. BENITEZ United States District Judge
Movant Ricardo Flores filed a Motion for Compassionate Release pursuant to 18 U.S.C. § 3582(c)(1)(A) ("Section 3582(c)(1)(A)"). ECF No. 144. Since filing his Motion, Movant absconded from the custody of the Bureau of Prisons.
See https://www.bop.gov/inmateloc/
At this time, the Court recognizes there is no applicable policy statement governing compassionate release motions filed by defendants under the recent amendments to Section 3582(c)(1)(A). The Court also recognizes that a district court's discretion may be informed by U.S.S.G. § 1B1.13, but that it is not binding, and a district court may consider any extraordinary and compelling reason for release that a defendant might raise. United States v. Aruda, 993 F.3d 797, 801-02 (9th Cir. 2021).
There is currently an active warrant for Movant's arrest. See ECF No. 142. Under these circumstances, the Court believes granting his motion would pose a significant danger to the community. The motion is therefore DENIED.
IT IS SO ORDERED.