Opinion
CASE NO. 11-CR-20362-HUCK/MCALILEY
10-22-2020
UNITED STATES OF AMERICA, Plaintiff, v. WILFER MESIAS PRIETO GUZMAN, Defendant.
Copies furnished to: All Counsel of Record Wilfer Mesias Prieto Guzman pro se Reg. No. 09407-104 Giles W. Dalby Correctional Institution 805 North Avenue F Post, Texas 79356
ORDER ADOPTING REPORT AND RECOMMENDATION AND DENYING DEFENDANT'S MOTION FOR COMPASSIONATE RELEASE
THIS MATTER is before the Court on Defendant Wilfer Mesias Prieto Guzman's ("Defendant") pro se Motion for Compassionate Release pursuant to 18 U.S.C. § 3582(c)(1)(A)(i) ("Motion") [ECF No. 50], which was filed on July 17, 2020. The Motion was referred to Magistrate Judge McAliley [ECF No. 51] for a Report and Recommendation ("R&R"). In the Motion, Defendant argues that his release from prison is warranted because he suffers from diabetes and other unspecified chronic illnesses that place him at a heightened risk of contracting COVID-19. The Government responded to the Motion [ECF No. 54] on July 31, 2020.
Magistrate Judge McAliley issued the R&R [ECF No. 57] on August 17, 2020, recommending that the Court deny the Motion because Defendant failed to exhaust his administrative remedies. On September 30, 2020, Defendant filed Objections [ECF No. 58] to the R&R. The Court entered an Order Requiring the Government's Response [ECF No. 59]. Thereafter, the Government filed a Response [ECF No. 60] to the objections on October 19, 2020.
The Court has independently reviewed the record and the relevant legal authorities and is otherwise duly advised. After a de novo review, the Court agrees with the reasoning and recommendation in the R&R and therefore, adopts the R&R in full and concludes that Defendant has failed to exhaust his administrative. Accordingly, it is
ORDERED AND ADJUDGED that (1) the R&R [ECF No. 57] is APPROVED and ADOPTED in its entirety as part of this Order and (2) Defendant's pro se Motion for Compassionate Release [ECF No. 50] is DENIED.
DONE AND ORDERED in Chambers in Miami, Florida on October 22, 2020.
/s/_________
Paul C. Huck
United States District Judge Copies furnished to: All Counsel of Record Wilfer Mesias Prieto Guzman pro se
Reg. No. 09407-104
Giles W. Dalby Correctional Institution
805 North Avenue F
Post, Texas 79356