Opinion
18-cr-820 (JSR)
11-18-2021
UNITED STATES OF AMERICA v. CESAR ALTIERI SAYOC, Defendant.
ORDER
JED S. RAKOFF, U.S.D.J.
The Court has received an undated pro se letter, to be docketed, from Cesar Sayoc requesting a reduction in his prison sentence. The Court construes this to be a motion pursuant to 18 U.S.C. § 3582(c) (1) (A) (i) . This statute permits a court, to “reduce . . . a defendant's prison sentence," as Sayoc requests. United States v. Brooker, 976 F.3d 228, 237 (2d Cir. 2020). However, under the statute, a defendant may only bring such a motion “after the defendant has fully exhausted all administrative rights to appeal a failure of the Bureau of Prisons to bring a motion on the defendant's behalf or the lapse of 30 days from the receipt of such a request by the warden of the defendant's facility, whichever is earlier." 18 U.S.C. § 3582 (c) (1) (A) (i) .
Although this Court has held that the 30-day waiting period is waivable under certain circumstance, it has also held that “the more modest requirement that a defendant first file a request with the BOP before a court can address the motion on the merits" cannot similarly be excused. United States v. Massa, 2021 WL 4847424, at *2 (S.D.N.Y. Oct. 18, 2021). Accordingly, because Sayoc has not indicated that he has made such a request in writing with the Warden of his facility, the present motion is denied without prejudice.
SO ORDERED.