No. 21-6956

Roman Enrique Delgado-Montoya v. United States

Lower Court: Tenth Circuit
Docketed: 2022-01-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: bureau-of-prisons circuit-split compassionate-release criminal-sentencing extraordinary-and-compelling-reasons federal-prisoner-relief first-step-act sentencing-commission sentencing-modification statutory-interpretation
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2022-02-25
Question Presented (AI Summary)

Whether the district court is limited to the 'extraordinary and compelling reasons' given in application note 1 of the commentary to U.S.S.G. § 1B1.13

Question Presented (OCR Extract)

QUESTION PRESENTED Under 18 U.S.C. § 3582(c)(1)(A)(), a district court may reduce a term of imprisonment “after considering the factors set forth in [18 U.S.C. §] 3553(a) to the extent they are applicable” but only “if it finds that ... extraordinary and compelling reasons warrant such a reduction” “and that such a reduction is consistent with applicable policy statements issued by the Sentencing Commission.” As initially codified, only the Bureau of Prisons could move to modify a federal prisoner’s sentence, but it rarely did so. In response, in December 2018, Congress amended the statute to allow federal prisoners to file their own motions directly in the district court. This amendment has resulted in significant litigation, but the lower courts have split on the proper interpretation of the statute. This Court has yet to speak on the issue. The question presented is whether, under 18 U.S.C. § 3582(c)(1)(A)(i), the district court is limited to the “extraordinary and compelling reasons” given in application note 1 of the commentary to U.S.S.G. § 1B1.13. 2

Docket Entries

2022-02-28
Petition DENIED.
2022-02-10
DISTRIBUTED for Conference of 2/25/2022.
2022-02-04
Waiver of right of respondent United States to respond filed.
2022-01-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 24, 2022)

Attorneys

Roman Delgado-Montoya
Daniel Noah RubinFederal Public Defender District of New Mexico, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent