Opinion
3:18-cr-00435-MO-3
02-03-2022
UNITED STATES OF AMERICA, v. JESUS RAMON LIZARRAGA-MOLINA, a/k/a Burro, Defendant.
OPINION AND ORDER
MICHAEL W. MOSMAN, UNITED STATES DISTRICT JUDGE.
On July 31, Defendant filed this pro se Motion for Release from Custody filed in response to the COVID-19 pandemic. Mot. [ECF 340]. While this Court is sympathetic to Defendant's concerns, upon review, Defendant's motion is DENIED.
DISCUSSION
Defendant pleaded guilty to one count of Conspiracy to Possess with Intent to Distribute Heroin in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A), 846. J. and Commitment [ECF 293] at 1. Defendant was sentenced to 48 months in prison. Id. at 2.
Defendant moves for release under 28 U.S.C. § 3582(c)(1)(A). Mot. [340] at 1. That statute allows a court to grant early release to a prisoner who has exhausted his administrative appeals and who has shown that "extraordinary and compelling" reasons warrant his early release. § 3582(c)(1)(A)(i). The question whether to reduce a prisoner's sentence must also be considered in light of the factors set out in § 3553(a), which include the nature and circumstances of the offense, the need for the sentence imposed, and the danger to the community, among others.
First, as the Government argues, it does not appear that Defendant has exhausted the administrative process for compassionate release. Gov't. Resp. [ECF 358] at 2. Exhaustion is necessary in order for this Court to consider Defendant's motion. Second, Defendant has not explained why he faces "extraordinary and compelling" circumstances that justify his early release. The COVID-19 pandemic, of which Defendant is justifiably frightened, affects every inmate in federal prison. Even so, compassionate release is not available to all who request it. Defendant has not shown the necessary facts that would justify a finding of extraordinary and compelling circumstances. Further, even if he had, other factors also weigh against his release. One factor is his recent sentencing. He has only begun to serve his sentence. Another factor is his crime of conviction. Distribution of heroin is a serious, dangerous matter. Defendant has not explained how this Court can be satisfied that, if it were to grant early release, the risk to the community has been mitigated. Defendant therefore has not made the necessary showing to support his request for early release pursuant to § 3582(c)(1)(A).
CONCLUSION
For the reasons stated above, Defendant's Motion for Release from Custody [340] is DENIED.
IT IS SO ORDERED.