Opinion
16 CR 809(VM)
11-11-2020
UNITED STATES OF AMERICA, v. JOSE AYALA, Defendant
DECISION AND ORDER VICTOR MARRERO, U.S.D.J. :
By letter dated September 21, 2020, defendant Jose Ayala ("Ayala") moves for compassionate release under 18 U.S.C. § 3582(c)(1)(A) ("Section 3582"). (See Attached Letter.) The Court denies the motion at this time without prejudice because Ayala has not established that the reasons he relies upon are sufficiently "extraordinary and compelling" to warrant relief.
As a threshold matter, it is not apparent whether Ayala has satisfied the exhaustion requirements based on the evidence submitted. A defendant may not seek relief in court under Section 3582 until (1) he has "fully exhausted all administrative rights" within the Bureau of Prisons ("BOP"), or (2) thirty days have lapsed since he submitted a request for release to the warden. United States v. Battle, 05 CR 377, 2020 WL 2306482, at *1 (S.D.N.Y. May 8, 2020) (citing Section 3582).
Ayala states that he submitted a request for compassionate release to the warden of his facility on or about August 14, 2020 and has received no response. In support of these assertions, Ayala submits a September 14, 2020 email he sent, in which he states that he submitted a release request to the warden a month before. The Court is not persuaded that this email sufficiently supports Ayala's assertions for two reasons. First, the email was not sent to the warden; the apparent recipient of the email is "Inmate Work Assignment." Second, the email is not the request for compassionate release itself, but rather includes a reference to that request, authored by Ayala. A more suitable proof would include a record of the actual request and some documentation of the BOP's receipt.
However, even if Ayala had sufficiently demonstrated compliance with Section 3582's exhaustion requirement, he has not established "extraordinary and compelling" circumstances warranting a sentence reduction. Ayala's primary argument in support of compassionate release is that he is needed to care for his mother. The Court acknowledges that "the need to care for one's aging and sick parent may, in certain circumstances, warrant a finding that an extraordinary and compelling reason exists." United States v. Yoda, No. 15 CR 95, 2020 WL 5502325, at *2 (S.D.N.Y. Sept. 11, 2020). Indeed, when the court "receive[s] evidence from several sources" indicating that the defendant "is the only available caregiver" for a family member in "dire conditions," an extraordinary and compelling reason has been established. United States v. Lisi, 440 F. Supp. 3d 246, 252 (S.D.N.Y. 2020). However, Ayala does not make such a showing here.
The evidence before the Court is insufficient to demonstrate the severity of his mother's health condition or that Ayala is the only caregiver available to her. Ayala submits an excerpt from his sentencing transcript in which this Court granted an extension of his self-surrender date so that Ayala could "make appropriate arrangements to ensure the care of his mother." (Sentencing Tr. at 17:14-19.) This excerpt indicates that his mother's health condition was known to the Court at the time of sentencing, but it has no bearing on his mother's current condition or whether her condition has changed since Ayala was sentenced on April 13, 2018. Ayala also provides a one-page medical record, detailing a procedure his mother underwent in October 2018, a few months after Ayala was sentenced and over two years ago, but this document likewise does not shed light on his mother's present condition. Moreover, none of this evidence demonstrates that Ayala is his mother's "only available caregiver." Lisi, 440 F. Supp. 3d at 252.
Therefore, on the record before it, the Court does not find extraordinary and compelling circumstances have been established.
Having concluded the extraordinary and compelling standard has not been met, the Court need not -- and does not -- address the sentencing factors set forth in 18 U.S.C. § 3553(a). See 18 U.S.C. § 3582(c)(1)(A) (noting that the court shall consider the sentencing factors set forth in Section 3553(a) "if" it finds "extraordinary and compelling reasons warrant" a sentence reduction).
Accordingly, it is hereby
ORDERED that the motion of defendant Jose Ayala for compassionate release under 18 U.S.C. § 3582(c)(1)(A) is DENIED without prejudice. The Clerk of Court is respectfully directed to mail a copy of this Order to Jose Ayala, Register Number 78351-054, FCI McKean, Federal Correctional Institution, P.O. Box 8000, Bradford, PA 16701, and note service on the docket. SO ORDERED. Dated: New York, New York
11 November 2020
/s/_________
Victor Marrero
U.S.D.J.
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