Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Rivernider

United States District Court, D. Connecticut

August 14, 2019

UNITED STATES
v.
ROBERT RIVERNIDER

          MEMORANDUM

          ROBERT N. CHATIGNY, UNITED STATES DISTRICT JUDGE

         In 2013, I sentenced the defendant to 144 months' imprisonment after he pleaded guilty to fraud and conspiracy to commit fraud. This past February, he filed a motion under the First Step Act of 2018 seeking immediate release pursuant to 18 U.S.C. § 3582(c)(1)(A)(i), which provides for compassionate release in extraordinary and compelling circumstances. The government opposed the motion. During a telephone conference in June, the motion was denied without prejudice. This memorandum provides a written statement of the reasons for the denial.

         I. Background

         Defendant is currently confined at Estill Federal Correctional Institution (“FCI Estill”) in South Carolina. In July 2017, he was transported from there to the Wyatt Detention Center (“Wyatt”) in Rhode Island to enable him to participate in an evidentiary hearing on his petition for habeas corpus relief under 28 U.S.C. § 2255. That month, he reported chest pains. In early 2018, he had a heart attack, which required bypass surgery and follow-up medical care in Boston. Since his return to FCI Estill, the defendant has reported some chest wall pain but his condition has been reported as stable.

         II. Legal Standard

         A term of imprisonment may be modified only in limited circumstances. 18 U.S.C. § 3582(c). Defendant argues that his sentence may be reduced under 18 U.S.C. § 3582(c)(1)(A)(i), which states:

the court, upon motion of the Director of the Bureau of Prisons, or upon motion of the defendant after the defendant has fully exhausted [administrative remedies], may reduce the term of imprisonment . . . if it finds that [] extraordinary and compelling reasons warrant such a reduction . . . and that such a reduction is consistent with the applicable policy statements issued by the Sentencing Commission.[1]

         Until recently, only the Director of the Bureau of Prisons (“BOP”) could move for a sentence modification under this provision. But the First Step Act enables a defendant to file a motion for compassionate release directly with the sentencing court provided he first exhausts administrative remedies. When the exhaustion requirement is satisfied, a district court may reduce the sentence if the defendant shows that (1) extraordinary and compelling circumstances warrant a reduction and (2) a reduction would be consistent with applicable Sentencing Commission policy. See First Step Act, Pub. L. No. 115-391, § 603(b), 132 Stat. 5194, 5239 (2018).

         Prior to the First Step Act, the Commission issued a policy statement with regard to compassionate release, which is found in U.S.S.G. § 1B1.13 and the accompanying Application Notes. The policy provides that extraordinary and compelling reasons for a sentence reduction exist under the following circumstances:

(A) Medical Condition of the Defendant.-
(i) The defendant is suffering from a terminal illness (i.e., a serious and advanced illness with an end of life trajectory). . . .
(ii) The defendant is-
(I) suffering from a serious physical or medical condition,
(II) suffering from a serious functional or cognitive ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.