Opinion
11-CR-6160L
06-14-2022
UNITED STATES OF AMERICA, Plaintiff, v. FIRKON JAMES, Defendant.
DECISION AND ORDER
DAVID G. LARIMER, United States District Judge.
Defendant Firkon James (“James”) had previously filed motions for compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A). This Court denied the motion (Dkt. #152) in a Decision filed July 14, 2020.
On March 18, 2022, James once again filed a motion to appoint counsel and to reduce sentence (Dkt. #160). The Government responded to the motion opposing it (Dkt. #162) and this Court entered a Decision and Order (Dkt. #163) on May 13, 2022 denying the motion for compassionate release.
That Decision was sent to Fort Dix FCI, James' prior place of incarceration. A copy of that Decision was returned as undeliverable since apparently James had been transferred.
James filed a “Reply” (Dkt. #164) to the Government's Response which was filed May 23, 2022. Because this filing was made after the Court's Decision of May 13, 2022, I will treat James' “Reply” as a motion for reconsideration.
The motion to reconsider and for reduction of sentence pursuant to 18 U.S.C. § 3582(c)(1)(A) (Dkt. #164) is denied. For the Court to grant such a motion, defendant must present extraordinary and compelling reasons to reduce a proper sentence. James has failed to do so as I have explained in prior Decisions denying his request for compassionate release. James' recent submission does not present anything substantially different from what was presented before.
CONCLUSION
Defendant's Reply which I treat as a motion for reconsideration (Dkt. #164) seeking compassionate release is in all respects DENIED.
IT IS SO ORDERED.