Opinion
14 Cr. 484 (LGS)
11-20-2020
UNITED STATES, v. WILLIAM RAMOS, Defendant.
ORDER
:
WHEREAS, on October 28, 2020, Defendant's counsel for the limited purpose of assisting Defendant with a request to transfer to a new prison, e-mailed the application attached as Exhibit A (the "Application"), to the chambers inbox.
WHEREAS, on November 19, 2020, the Court received by U.S. mail a letter from Defendant, which is attached as Exhibit B (the "Letter Application").
WHEREAS, the Application and Letter Application request that the Court appoint new counsel to assist Defendant in filing a motion for compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A)(i) (the "Motion").
WHEREAS, "there is no statutory right to counsel under the Criminal Justice Act in connection with a § 3582(c) motion, and . . . the provision of such counsel should rest in the discretion of the district court." United States v. Cirineo, 372 F. App'x 178, 179 (2d Cir. 2010) (summary order) (citing United States v. Reddick, 53 F.3d 462, 464-65 (2d Cir. 1995)); accord United States v. Dussard, No. 16 Crim. 673-2, 2020 WL 6263575, at *3 (S.D.N.Y. Oct. 23, 2020). The merits of a motion for compassionate relief are a "significant factor in the exercise of that discretion." Reddick, 53 F.3d at 465 n.2; accord Dussard, 2020 WL 6263575 at * 3.
WHEREAS, 18 U.S.C. § 3582(c)(1)(A)(i) provides that the court "may reduce the term of imprisonment" only if it finds that "extraordinary and compelling reasons warrant such a reduction . . . and that such a reduction is consistent with applicable policy statements issued by the Sentencing Commission."
WHEREAS, the Court is not at this time appointing counsel to represent Defendant in connection with the Motion and is obtaining additional information before issuing a decision on the Application's and Letter Application's requests that the Court appoint new counsel. It is hereby
ORDERED that because the merits of a motion for compassionate relief are a significant factor in the Court's decision as to whether to appoint counsel, by December 2, 2020, the Government (1) shall obtain and send a complete set of Defendant's updated BOP medical records to the chambers e-mail address, copying Defendant's counsel, (2) shall file a letter summarizing or highlighting any pertinent portion of such medical records and (3) shall transmit a copy of such medical records to Defendant along with a copy of this Order. Dated: November 20, 2020
New York, New York
/s/ _________
LORNA G. SCHOFIELD
UNITED STATES DISTRICT JUDGE
EXHIBIT A
HARVEY FISHBEIN
ATTORNEY AT LAW
October 28, 2020 VIA EMAIL ( Schofield_NYSDChambers@nysd.uscourts.gov )
EX PARTE Hon. Lorna G. Schofield
United States District Judge
40 Foley Square
New York, NY 10007 Re: US v. William Ramos
14 Cr. 484 (LGS) Dear Judge Schofield:
As the Court may recall, on September 22, 2020, I appeared along with Mr. Ramos and the Government before Your Honor on a video conference. At that time, Mr. Ramos withdrew his application to vacate his prior plea of guilty and, due to a conflict with Mr. Ramos, I was relieved as his counsel. However, at the Court's request, I agreed to merely assist Mr. Ramos in facilitating his transfer back to his designated facility, Edgefield FCI in South Carolina, from his present location at MDC Brooklyn. Since September 22nd, I have had conversations with Mr. Ramos, the Government, and the United States Marshals Office regarding Mr. Ramos's transfer. However, it has not occurred yet. This morning, I received an email from Mr. Ramos in which he requested that I contact the Court to request for new counsel to be assigned to assist Mr. Ramos in filing a new Motion for Compassionate Release.
Therefore, on behalf of and as a courtesy to Mr. Ramos, I respectfully request that the Court appoint new counsel to assist Mr. Ramos.
Respectfully submitted,
/s/
Harvey Fishbein
EXHIBIT B
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