Opinion
18CR1809-JLS
06-11-2021
UNITED STATES OF AMERICA v. JUAN JOSE LUNA CARDENAS
ORDER ON MOTION FOR SENTENCE REDUCTION UNDER 18 U.S.C. § 3582(C)(1)(A) (COMPASSIONATE RELEASE)
Hon. Janis L. Sammartino United States District Judge.
Upon motion of [X] the defendant [ ] the Director of the Bureau of Prisons for a reduction in sentence under 18 U.S.C. § 3582(c)(1)(A), and after considering the applicable factors provided in 18 U.S.C. § 3553(a) and the applicable policy statements issued by the Sentencing Commission, IT IS ORDERED that the motion is:
[X] DENIED WITHOUT PREJUDICE because the defendant has not exhausted all administrative remedies as required in 18 U.S.C. § 3582(c)(1)(A), nor have 30 days lapsed since receipt of the defendant's request by the warden of the defendant's facility. Defendant has failed to provide proof that he submitted a compassionate release request to his warden of his facility and Plaintiff indicates that the facility has no record of Defendant's submission of such a request.
IT IS SO ORDERED.