Whether a federal court may consider non-medical factors, such as prolonged solitary confinement and its psychological effects, when evaluating a motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A)

No question identified. : 2. Petitioner seeks review of the decision of the United States Court of Appeals for the Eleventh Circuit based on substantial questions relating to that court’s resolution of petitioner’s appeal from the denial of his motion for compassionate release, where petitioner, who is serving a sentence for money laundering, had been subjected by federal prison authorities to decades of punitive solitary confinement based on allegations of which petitioner was acquitted by a jury in his criminal trial. The Eleventh Circuit affirmed denial of petitioner’s compassionate release motion, maintaining its holding in United States v. Bryant, 996 F.3d 1243 (11th Cir. 2021)—which is at odds with all other circuits to consider the question—that compassionate release cannot be based on factors other thanmedical condition, certain family circumstances, or age-related physical or mental health deterioration. The Eleventh Circuit’s categorical ruling that prevented compassion from being afforded to petitioner despite the premature aging and mental deterioration arising from torturous solitary confinement conditions—imposed administratively based on acquitted conduct—merits certiorari review. 3. The Eleventh Circuit’s construction of the compassionate release statute is in conflict with the decisions of several other circuits. These issues may warrant granting a writ of certiorari and will require substantial legal research and review by the undersigned, including as to extent of circuit conflicts. Of particular concern is whether the November 1, 2023 amendment to the compassionate release guideline, U.S.S.G. § 1B1.13, offers any relief to petitioner or will instead fail to resolve the clear circuit conflict. Due to case-related and other reasons, additional time is necessary and warranted for counsel to research the decisional conflicts, and prepare a clear, concise, and comprehensive petition for certiorari for the Court’s review. 4. The press of other matters makes the submission of the petition difficult absent an extension. Counsel has been required to devote considerable time over the past several weeks to preparation for the specially-set trial in United States v. Pisoni, S.D. Fla. No. 15-cr-20339, a multi-defendant fraud conspiracy prosecution involving still ongoing discovery and motion practice issues. Counsel is also required to file appellate briefs in multiple criminal appeals in the December 2023 period (Eleventh Circuit Nos. 14-15140, 16-12218, 20-13971, 21-11311, 22-11470, 22-11853, 22-13312, and 23-13292). 5. The forthcoming petition is likely to be granted in light of, among other things, the need to clarify the federal statutory right to pursue sentence modification to due brutal conditions and abuse experienced in serving a federal prison sentence. Conclusion For the foregoing reasons, the time to file a Petition for a Writ of Certiorari in this matter should be extended thirty days to and including January 4, 2024. Respectfully submitted, /s/ Richard C. Klugh Richard C. Klugh Counsel for Petitioner 40 N.W. 3rd Street, PH1 Miami, Florida 33128 Telephone No. (305) 536-1191 Facsimile No. (305) 536-2170 rklugh@klughlaw.com November 2023 USCA11 Case: 21-13477 Document:41-1 Date Filed: 06/29/2023 Page: 1 of 18 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit No. 21-13477 Non-Argument Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus SALVADOR MAGLUTA, a.k.a. Sal, Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 1:99-cr-00583-PAS-1