Opinion
15-cr-769 (AJN)
04-20-2020
United States of America, v. Trevon Gross, Defendant.
ORDER :
In its Opinion and Order dated April 13, 2020, the Court concluded that it then lacked authority to grant immediately Mr. Gross's motion for compassionate release, because it could not waive the statutory exhaustion requirement 18 U.S.C. § 3582(c)(1)(A) imposes. See Dkt. No. 764 at 1-5. It went on to conclude that it would grant Mr. Gross's motion for release on May 2, 2020, at which point the Court would have authority to modify his sentence pursuant to 18 U.S.C. § 3582(c)(1)(A). See id. at 5-8; see also 18 U.S.C. § 3582(c)(1)(A).
The Court has since reconsidered its position on 18 U.S.C. § 3582(c)(1)(A)'s statutory exhaustion requirement and concluded that because that requirement is amenable to certain equitable exceptions, the Court may excuse a defendant's failure to comply with it. See United States v. Scparta, No. 18-cr-578, Dkt. No. 69 at 7-16 (S.D.N.Y. Apr. 19, 2020). As a result, counsel for Mr. Gross seeks an order granting immediate release. Dkt. No. 767.
For the reasons stated in United States v. Scparta, the Court now excuses Mr. Gross's failure to comply with 18 U.S.C. § 3582(c)(1)(A)'s statutory exhaustion requirement. Furthermore, for the reasons stated in its April 13, 2020 Opinion and Order, it now GRANTS Mr. Gross's motion for compassionate release. See Dkt. No. 764 at 5-8. The Court will order his IMMEDIATE RELEASE by separate order.
SO ORDERED. Dated: April 20, 2020
New York, New York
/s/_________
ALISON J. NATHAN
United States District Judge