Opinion
18-cr-2732-MMA
10-25-2021
UNITED STATES OF AMERICA, Plaintiff, v. FRANCISCO FLORES-ORTIZ, Defendant.
ORDER DENYING DEFENDANT'S MOTION TO REDUCE SENTENCE AS MOOT [DOC. NO. 39]
HON. MICHAEL M. ANELLO, United States District Judge.
On May 31, 2018, Defendant Francisco Flores-Ortiz was charged in a single-count Information with illegal reentry in violation of 8 U.S.C. § 126(a) and (b). See Doc. No. 13. Defendant pleaded guilty and was sentenced to thirty-seven (37) months in prison followed by three (3) years of supervised release. See Doc. Nos. 24, 32. On August 17, 2021, Defendant filed a motion to reduce his sentence pursuant to 18 U.S.C. § 3582(c)(1)(A)(i). See Doc. No. 39. The Court determined that the matter was not suitable for summary disposition and directed the government to file a response in opposition to Defendant's motion. See Doc. No. 43. The government's response is due on or before December 8, 2021.
Defendant's request for a reduction in sentence only relates to his custodial term; he does not seek to reduce the term of his supervised release. See Doc. No. 39 at 1 (requesting “Compassionate Release/reduction of a term of imprisonment”). However, according to the Bureau of Prisons, Defendant was released from custody on October 19, 2021. Accordingly, the Court DENIES Defendant's motion AS MOOT. The Court further VACATES the government's pending deadline to respond. IT IS SO ORDERED.
See Federal Bureau of Prisons Online Inmate Locator, available at https://www.bop.gov/inmateloc (last visited October 25, 2021).