No. 25-5128

Albert Garza v. United States

Lower Court: Fifth Circuit
Docketed: 2025-07-16
Status: Denied
Type: IFP
Amici (1)Response WaivedIFP
Tags: compassionate-release covid-19-relief due-process federal-prisoners sentence-reduction statutory-interpretation
Latest Conference: 2025-09-29
Question Presented (AI Summary)

Does 18 U.S.C. §4205(g) and §3582(c) unconstitutionally restrict compassionate release for federal prisoners sentenced before November 1, 1987, by limiting their access to courts and self-filing motions for sentence reduction?

Question Presented (from Petition)

• s 1. Does 18 U.S.C. §4205(g) , the law on compassionate release, allowing only the Director of the Federal Bureau of Prisons to file a Motion for release on compassionate grounds on the behalf of your Petitioner.; segregating him as a separate class of federal prisoner denying him access courts unconstitutional? 2. Your Petitioner was sentenced on July 19, 1973, prior to November 1, 1987, when 18 U.S.C. §3582(c) went into non-retroactive effect: . Did any court in the United States foresee the possible need for allowing all federal inmates to file for their own: motions for Reduction In Sentence or compassionate release due to the Covid19 pandemic or extraordinary or compelling reasons for relief? ' 3. Is Rule 35(b) of The Federal Rules of Criminal Procedure the proper method to allow "old law" prisoners, sentenced before. November 1, 1987, via §3582(c). as some district courts have held, as well as various Circuit Courts of Appeals, to file their own motions for compassionate relief before their district Court when the Director of The Bureau of Prisons neglects or declines to so?

Docket Entries

2025-10-06
Petition DENIED.
2025-08-15
Amicus brief of Stephanie N. O'Banion submitted.
2025-08-15
Brief amicus curiae of Stephanie N. O'Banion filed. (Distributed)
2025-07-31
DISTRIBUTED for Conference of 9/29/2025.
2025-07-29
Waiver of United States of right to respond submitted.
2025-07-29
Waiver of right of respondent United States to respond filed.
2025-06-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 15, 2025)

Attorneys

Albert Garza
Albert Garza — Petitioner
Albert Garza — Petitioner
Stephanie N. O'Banion
Stephanie Nicole O'BanionO'Banion Law LLC, Amicus
Stephanie Nicole O'BanionO'Banion Law LLC, Amicus
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent