U.S. v. Letner, 3:05-cr-068. (2019)
Court: District Court, S.D. Ohio
Number: infdco20190320873
Visitors: 18
Filed: Mar. 18, 2019
Latest Update: Mar. 18, 2019
Summary: REPORT AND RECOMMENDATIONS MICHAEL R. MERZ , Magistrate Judge . This criminal case is before the Court on Defendant's Motion for Relief under the First Step Act. The first branch of the Motion seeks relief under 18 U.S.C. 4205(g) or 3582(c)(1)(A) so that Petitioner could provide care for his sister who has a physical disability and for whom he is the only possible caregiver. Those sections of the federal Criminal Code were not modified by the First Step Act and, in any event, do not appl
Summary: REPORT AND RECOMMENDATIONS MICHAEL R. MERZ , Magistrate Judge . This criminal case is before the Court on Defendant's Motion for Relief under the First Step Act. The first branch of the Motion seeks relief under 18 U.S.C. 4205(g) or 3582(c)(1)(A) so that Petitioner could provide care for his sister who has a physical disability and for whom he is the only possible caregiver. Those sections of the federal Criminal Code were not modified by the First Step Act and, in any event, do not apply..
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REPORT AND RECOMMENDATIONS
MICHAEL R. MERZ, Magistrate Judge.
This criminal case is before the Court on Defendant's Motion for Relief under the First Step Act.
The first branch of the Motion seeks relief under 18 U.S.C. § 4205(g) or 3582(c)(1)(A) so that Petitioner could provide care for his sister who has a physical disability and for whom he is the only possible caregiver. Those sections of the federal Criminal Code were not modified by the First Step Act and, in any event, do not apply to a federal prisoner on the basis of his or her providing care to someone else. Finally, under § 4205, a request for relief must be made by the Bureau of Prisons, not the prisoner.
The second branch of the Motion seeks relief based on the amendment made in the First Step Act to clarify that the stacking of sentences under 18 U.S.C. § 924(c) only applies to persons who have a prior conviction for violating that same section. This section of the First Step Act does not apply retroactively to persons sentenced before its effective date.
Accordingly, it is respectfully recommended that Defendant's Motion be DENIED.
Source: Leagle
