United States District Court, M.D. Florida, Tampa Division
ELIZABETH A. KOVACHEVICH SENIOR UNITED STATES DISTRICT JUDGE.
cause is before the Court on:
Dkt. 255 Motion for Compassionate Release Sentence Reduction
For Defendant With a Life Expectancy of 12 to 18 Months
Dkt. 258 Sealed Notice of Filing Exhibits
Miguel Rendon requests that the Court reduce his sentence to
time served, pursuant to 18 U.S.C. Sec. 3582(c)(1)A), and the
criteria in U.S.S.G. Sec. 1B1.13. Defendant Rendon has
exhausted administrative remedies.
Government takes no position as to Defendant Rendon's
September 19, 2008, Defendant Rendon was sentenced on Count 1
of the Superseding Indictment, Conspiracy to Possess 5
Kilograms or More of Cocaine, 500 Grams or More of
Methamphetamine, and 1, 000 Kilograms or More of Marijuana,
in violation of 21 U.S.C. Sees. 846, 841(a)(1) and
841(b)(1)(A) to a term of imprisonment of 235 months, a term
of supervised release of 60 months, a fine of $100, 000, and
a special assessment fee of $100.
U.S.C. Sec. 3582(c)(1)(A) provides that the Court "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 finds that-
(i) extraordinary and compelling reasons warrant such a
reduction;... and that such a reduction is consistent with
applicable policy statements issued by the Sentencing
Application Notes to USSG Sec. 1B1.13 explain that, provided
a defendant is not a danger to the safety of any other person
or the community, "extraordinary and compelling
reasons" include: 1) a defendant's serious medical
condition that substantially diminishes the ability of the
defendant to provide self-care within the environment of a
correctional facility and from which the defendant is not
expected to recover, and 2) the defendant's age, where
the defendant is at least 65 years old, is experiencing a
serious deterioration of physical or mental healthy because
of the aging process, and has served at least 10 years or 75
% of the term of imprisonment, whichever is less.
Rendon argues that he meets both the medical condition and
age criteria for compassionate release, considered
individually or in combination.
Rendon further argues that consideration of the Section
3553(a) factors weighs in favor of granting compassionate
release. The Warden of the facility where Defendant Rendon is
incarcerated supported compassionate release, said Defendant
Rendon "maintained clear conduct throughout his period
of incarceration, and noted that Defendant Rendon
participated in various religious, education, and release
preparation courses. (Exhibit A).
Progress Report indicates that Defendant Rendon would be at
an extremely ...