ORDER

JAMES D. WHITTEMORE, District Judge.

BEFORE THE COURT is Defendant's pro se "Request for Consideration for a Reduction of Sentence Due to `Extraordinary and Compelling Reasons,' Pursuant to 18 U.S.C. § 3582(c)(1)(A), the Compassionate Release Provision, as Amended by Section 603 of the First Step Act." (Dkt. 152). The request is construed as a motion for compassionate release under § 3582(c)(1)(A) and Section 603 of the First Step Act. A response is unnecessary. The construed motion is DENIED.

On August 16, 2002, under the mandatory sentencing guidelines, Defendant was sentenced to four life sentences after being convicted of conspiracy to import five or more kilograms of cocaine into the United States, importation of five or more kilograms of cocaine into the United States, conspiracy to distribute five or more kilograms of cocaine, and possession with intent to distribute five or more kilograms of cocaine. His convictions and sentences were affirmed. See United States v. Nasirun, 76 F. App'x 282 (11th Cir. 2003), cert. denied, Nasirun v. United States, 541 U.S. 905 (2004).

Defendant seeks compassionate release based on what he contends are "extraordinary and compelling" reasons.1 Essentially, construing his motion liberally, he contends that a sentence reduction is warranted because if sentenced today, he would receive a substantially lower sentence than what the mandatory guidelines called for. He contends that under the First Step Act the court has discretion to reduce his sentence for reasons that "need not involve only medical, elderly, or family circumstances." He is mistaken. There is no statutory authority for reducing his sentences for the reasons he advances.

The First Step Act amended § 3582(c)(1)(A) to permit a defendant to seek compassionate release after fully exhausting administrative remedies for the failure of the Bureau of Prisons to bring a motion on behalf of the defendant, or 30 days after requesting the warden of the facility to bring such a motion. See First Step Act of 2018, § 603(b). Importantly, other than authorizing a defendant to file a motion for relief, § 3582(c)(1)(A) remains unchanged after the First Step Act.

While the compassionate release provision in § 3582(c)(1)(A) provides for a sentence reduction for a defendant based on "extraordinary and compelling circumstances," the reduction must still be "consistent with applicable policy statements issued by the [United States] Sentencing Commission." 18 U.S.C. § 3582(c)(1)(A). What constitutes "extraordinary and compelling circumstances" is not defined, except that "[r]ehabilitation of the defendant alone" is insufficient. See 28 U.S.C. § 994(t). The Sentencing Commission was directed to promulgate the "criteria to be applied and a list of specific examples" of extraordinary and compelling reasons. Id.

The Sentencing Commission promulgated its policy statement in U.S.S.G. § 1B1.13. The application notes to § 1B1.13 list three criteria for consideration as extraordinary and compelling circumstances under § 3582(c)(1)(A): (1) medical condition; (2) advanced age (at least 65 years old); and (3) family circumstances. § 1B1.13, cmt. n. 1(A)-(C). Defendant does not meet any of these criteria. Rather, he relies on application note cmt. 1(D), "Other Reasons." Application note 1(D) provides: "As determined by the Director of the Bureau of Prisons, there exists in the defendant's case an extraordinary and compelling reason other than, or in combination with," the aforementioned three categories. Id. n.1(D) (emphasis added).2

Defendant relies on the change in the law resulting from United States v. Booker, 543 U.S. 220 (2005), contending that he would be sentenced to a lesser sentence if sentenced today. Specifically, he contends that under the post-Booker non-binding guidelines, he "would receive a downward variance" to "approximately 305 months." He reasons that a sentence reduction is warranted because he is 63 years old, has no release date, was a first time offender when sentenced, and was sentenced for a non-violent offense. He cites his rehabilitative efforts, lack of prison disciplinary incidents, low risk of recidivism, immigration status, lack of familial ties to the United States, and the cost of incarceration. None of these reasons, however, are encompassed within the "extraordinary and compelling" circumstances in the policy statement of § 1B1.13, even if considered in combination with the three criteria in the application notes. These reasons are not, therefore, consistent with the policy statement in § 1B1.13.

In conclusion, while the First Step Act authorizes a court to reduce a term of imprisonment under § 3582(c)(1)(A) on motion of a defendant based on "extraordinary and compelling" reasons, any reduction must be consistent with the policy statements of the Sentencing Commission. The application notes to § 1B1.13 explain that "extraordinary and compelling reasons" exist when a defendant is at least 65 years old, is experiencing deteriorating health due to aging, and has served at least 10 years or 75 percent of his term of imprisonment, whichever is less. U.S.S.G. § 1B1.13, cmt. n.1(B). Defendant does not meet this criteria and therefore the court is without authority to grant relief.

DONE AND ORDERED.