1:18-cr-00570
S.D.N.Y.Apr 1, 2021Background
- Ariel Burgos pleaded guilty to being a felon in possession of a firearm (18 U.S.C. § 922(g)(1)) and was sentenced on Feb. 21, 2020 to 36 months' imprisonment plus three years' supervised release.
- Burgos has prior convictions involving firearms and violent conduct (2010 firearm possession; 2011 assault with intent involving a firearm).
- Because of COVID-19, the Court granted multiple voluntary self-surrender adjournments (April 2020, July 2020, Oct. 2020, Jan. 2021).
- On March 10, 2021 Burgos moved for compassionate release under 18 U.S.C. § 3582(c)(1)(A), citing his asthma/respiratory issues and medical conditions of his wife and son as extraordinary and compelling reasons.
- The Court found Burgos had not exhausted BOP administrative remedies and, on the merits, concluded the § 3553(a) sentencing factors weighed against release given the firearm offense and criminal history.
- The Court denied compassionate release but granted a final 90‑day extension of Burgos’s voluntary surrender date (to July 5, 2021) to allow him to obtain a COVID-19 vaccination; no further extensions would be granted.
Issues
| Issue | Plaintiff's Argument (United States) | Defendant's Argument (Burgos) | Held |
|---|---|---|---|
| Whether Burgos satisfied the § 3582(c)(1)(A) exhaustion requirement | BOP exhaustion is required; Burgos has not filed a request with the BOP | Filing with the BOP is futile because Burgos is not currently in BOP custody/home confinement | Court: Burgos failed to exhaust and did not meet the statutory requirement |
| Whether extraordinary and compelling reasons warrant compassionate release | Even if threshold met, § 3553(a) factors (seriousness, criminal history, public safety) weigh against release | Burgos’s asthma and family medical issues create COVID‑related risk justifying release | Court: § 3553(a) factors outweigh proffered reasons; compassionate release denied |
| Whether the Court should extend Burgos’s voluntary surrender date | Government opposed open‑ended delays | Burgos requested additional time to obtain a vaccine before surrendering | Court: Granted one final 90‑day extension to July 5, 2021 for vaccination; no further extensions |
Key Cases Cited
- United States v. Lisi, 440 F. Supp. 3d 246 (S.D.N.Y. 2020) (denying compassionate release where § 3553(a) factors outweighed COVID‑related risks)
- United States v. Hernandez, 451 F. Supp. 3d 301 (S.D.N.Y. 2020) (addressing exhaustion where BOP could not assess a request from a privately held prisoner)