Opinion
13 Cr. 31-02 (LGS)
03-16-2022
UNITED STATES OF AMERICA, Plaintiff, v. BONIFACIO FLORES-MENDEZ, Defendant,
ORDER
LORNA G. SCHOFIELD, DISTRICT JUDGE
WHEREAS, Defendant filed a letter dated February 4, 2022, seeking compassionate release or the reduction of his sentence of imprisonment for a total term of life pursuant to 18 U.S.C. § 3582(c)(1)(A).
WHEREAS, Defendant requested the appointment of counsel to help him with his 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 Fed.Appx. 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 release 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, the Government filed a response in opposition to Defendant's motion on March 14, 2022. It is hereby
ORDERED that Mr. David Esseks, CJA counsel on duty today, is appointed for the limited purpose drafting and filing a renewed motion for a sentence reduction and/or compassionate release on behalf of Defendant. It is further
ORDERED that by March 30, 2022, the parties shall file a joint letter proposing a schedule for briefing the renewed motion. It is further
ORDERED that the current motion for compassionate release is denied without prejudice.
The Clerk of the Court is directed to mail a copy of this Order to the Defendant at Bonifacio Flores Mendez, Reg. Number: 92005-054, USP Hazelton, U.S. PENITENTIARY, P.O. BOX 2000, BRUCETON MILLS, WV 26525, and to close the motion at Dkt. No. 459.