Opinion
00-20066-05-JAR
09-29-2022
UNITED STATES OF AMERICA, Plaintiff, v. SALVADOR MENDEZ-ZAMORA, Defendant.
ORDER
JULIE A. ROBINSON UNITED STATES DISTRICT JUDGE
This matter comes before the Court on Defendant Salvador Mendez-Zamora's Motion to Reduce Sentence Under 18 U.S.C. § 3582(c)(1)(A) (Docs. 311, 312). Mendez-Zamora originally filed a pro se motion requesting sentence reduction under 18 U.S.C. § 3582(c)(1)(A) based on multiple factors, including the length of his sentence, the amount of time he has already served, and his rehabilitation efforts. The FPD entered its appearance on November 22, 2021, and filed supplemental materials to Mendez-Zamora's pro se motion asking the Court to reduce his life sentence to between 25 and 30 years. The government filed a response, and the FPD, on Mendez-Zamora's behalf, filed a reply.
Doc. 311.
Doc. 317.
Doc. 321.
Doc. 324.
After the motion went under advisement, the FPD filed two additional “Supplements” in support of Mendez-Zamora's request for sentence reduction, citing three recent cases: United States v. Tyler, Concepcion v. United States, and United States v. Espino. These Supplements, which are filed as pleadings and not by letter to the Clerk of Court as contemplated by D. Kan. Rule 7.1(f), offer additional argument in support of Mendez-Zamora's request.
Docs. 325, 326.
No. 04-20044-02-KHV, 2022 WL 2866700, at *2 (D. Kan. July 21, 2022) (addressing issue exhaustion).
142 S.Ct. 2389, 2396 (2022) (confirming that district courts have the discretion to consider intervening changes of law and fact as extraordinary and compelling reasons for sentence reduction).
No. 03-20051-08-JWL, 2022 WL 4465096, at *2-3 (D. Kan. Sept. 26, 2022) (granting motion to reduce sentence of life imprisonment to 360 months based in large part on the defendant's youth at the time of the offense).
In light of the supplemental authority and arguments offered by Mendez-Zamora, as well as the nature of the grounds in support of the request for § 3582(c)(1)(A) relief before it, the Court will afford the government the opportunity to respond. Accordingly, the government may file a surreply on or before October 13, 2022. There shall be no further briefing without further order of the Court.
IT IS SO ORDERED.