Opinion
Criminal No. 17-42 (DWF/LIB)
11-13-2020
United States of America, Plaintiff, v. Richard Ray Norton, Defendant.
ORDER
This matter is before the Court on Defendant Richard Ray Norton's Motion for Reconsideration for Compassionate Release or in Alternative a Sentence Reduction Pursuant to 18 U.S.C. § 3582([c])(1)(A). (Doc. No. 61.) The Court previously considered and denied Norton's request for compassionate release. (Aug. 18, 2020 Order, Doc. No. 60.) Norton now asserts that his sentence reduction motion under 18 U.S.C. § 3582(c)(1)(A) should be granted pursuant to United States v. Rehaif, 139 S.Ct. 914 (2019). (Doc. No. 61 at 2.) Norton argues his conviction under 18 U.S.C. § 922(g)(1) and § 924(a)(2) is insufficient under Rehaif.
The First Step Act allows the Court to reduce a defendant's term of imprisonment if it finds "extraordinary and compelling reasons." 18 U.S.C. § 3582(c)(1)(A)(i). Such "extraordinary and compelling reasons" include (1) medical conditions which diminish the ability of the defendant to provide self-care in prison and from which he or she is not expected to recover, (2) age-related deterioration, (3) family circumstances, and (4) other extraordinary and compelling reasons that exist either separately or in combination with the previously described categories. U.S.S.G. § 1B1.13, cmt. n.1(a)(ii). There is no authority under § 3582(c)(1)(A) to reduce a defendant's sentence on grounds that their conviction is legally insufficient.
Rather, challenges to the validity of a sentence must be brought pursuant to 28 U.S.C. § 2255, which is subject to a one-year statute of limitations. 28 U.S.C. § 2255(f); see United States v. Bugh, 459 F. Supp. 3d 1184, 1189 (D. Minn. 2020) (finding that Rehaif recognized a new right and that it is retroactive on cases of collateral review). Thus, even if Norton could raise his Rehaif claim in this motion to reconsider an order under § 3582(c)(1)(A), it would be untimely as Rehaif was decided on June 21, 2019, more than one year prior to the September 28, 2020 filing here.
Norton provides the Court no additional information to reconsider its decision, only a new legal argument brought in an improper vehicle. Therefore, based on the foregoing, and on all the files, records, and proceedings herein, IT IS HEREBY ORDERED that Defendant Richard Ray Norton's Motion for Reconsideration for Compassionate Release or in Alternative a Sentence Reduction Pursuant to 18 U.S.C. § 3582([c])(1)(A) (Doc. No. [61]) is respectfully DENIED. Dated: November 13, 2020
s/Donovan W. Frank
DONOVAN W. FRANK
United States District Judge