United States District Court, S.D. Alabama, Southern Division
V. S. GRANADE, SENIOR UNITED STATES DISTRICT JUDGE
matter is before the Court on Jose Solis'
(“Solis”), “Motion for Miscellaneous”
seeking compassionate release/reduction of sentence pursuant
to Title 18 U.S.C. § 3582(c)(1)(A) and the First Step
Act, or early release to home confinement. (Doc. 78). After
consideration of the petition and for the reasons set forth
hereinbelow, the motion is DENIED.
April 26, 2016, Jose Solis pled guilty to Count I of his
Indictment charging the offense of conspiracy to possess with
the intent to distribute cocaine in violation of Title 21,
U.S.C. § 846. (Doc. 38). On July 27, 2016, he was
sentenced to 120 months' imprisonment. (Doc. 51). On
August 10, 2016, Solis' sentence was amended to 110
months. (Doc. 57). Solis' conviction and sentence were
affirmed on appeal on January 9, 2018 (Doc. 75) and he was
denied certiorari review on October 1, 2018 (Doc. 77).
March 25, 2019, Solis filed the instant motion seeking his
release or a reduction of his sentence. (Doc. 78). Therein,
Solis asserts his sentence should be reduced based on the
First Step Act and 18 U.S.C. § 3582(c)(1)(A). (Doc. 78).
Solis does not indicate whether he pursued his request for
compassionate release with the Bureau of Prisons
to Solis, he meets all of the requirements of the First Step
Act for his sentence to be reduced. (Id.) Namely, he
was convicted of an offense that is not a crime of violence,
sex offense, etc., it was his first felony, he is not a
danger to himself or the community, and his post sentence
conduct supports a reduction. (Id. at 2). Solis also
asserts he is eligible for compassionate release because he
is 61 years-old with various health problems, including a
previous back and knee surgery, high blood pressure, bad
circulation, and “thyroides”. (Id.) He
points out that prior to the instant conviction he
“never had a sanction or another felony”, that he
is not a danger to the community and that since being
incarcerated he has worked to improve his skills to become a
better person and has not been disciplined. (Id. at
4). He has also completed a drug program and participated in
INEA, welding, and culinary classes. (Id.) Lastly,
Solis, who is a permanent resident, indicates that he is not
subject to deportation due to his conviction. (Id.
motion also seeks compassionate release pursuant 18 U.S.C.
§ 3582(c)(1)(A) based on his age, the type of crime he
committed, his lack of criminal history, and his conduct
while incarcerated. (Doc. 78).
18 U.S.C. § 3582(c)(1)(A),
the court, upon motion of the Director of the Bureau of
Prisons, or upon motion of the defendant after the defendant
has fully exhausted all administrative rights to appeal a
failure of the Bureau of Prisons to bring a motion on the
defendant's behalf or the lapse of 30 days from the
receipt of such a request by the warden of the
defendant's facility, whichever is earlier, may reduce
the term of imprisonment (and may impose a term of probation
or supervised release with or without conditions that does
not exceed the unserved portion of the original term of
imprisonment), after considering the factors set forth in
section 3553(a) to the extent that they are applicable, if it
(i) extraordinary and compelling reasons warrant such a
(ii) the defendant is at least 70 years of age, has served at
least 30 years in prison, pursuant to a sentence imposed
under section 3559(c), for the offense or offenses for which
the defendant is currently imprisoned, and determination has
been made by the Director of the Bureau of Prisons that the
defendant is not a danger to the safety of any other person
or the community, as provided under section 3142(g);
and that such a reduction is consistent with applicable
policy statements issued by the Sentencing Commission....
18 U.S.C. § 3582(c)(1) (emphasis added). Solis'
motion fails to state that he has requested compassionate
release from the BOP or otherwise exhausted his
administrative remedies such that his is entitled to relief
pursuant to § 3582(c)(1)(A). Accordingly, Solis has not
shown that he is entitled to relief in the instant action.
See First Step Act of 2018, P.L. 115-391, §
603(b)(1). See e.g., United States v. Estrada Elias,
2019 WL 2193856, *2 (E.D. Kentucky May 21, 2019) (The First
Step Act of 2018 expands the criteria for compassionate
release … but it does not alter the requirement that
prisoners must first exhaust ...