United States v. Flowers
1:16-cr-00317-PAE
S.D.N.Y.Mar 5, 2024Background
- Carlos Lopez pled guilty in 2017 to participating in a narcotics conspiracy, for supplying crack cocaine to a Bronx drug trafficking organization.
- He was sentenced in January 2018 to 120 months' imprisonment after Judge Forrest denied his request for a downward variance, citing his history and the offense's seriousness.
- Lopez previously filed two unsuccessful motions for compassionate release, in 2020 and 2021, citing health concerns and harsh pandemic-related prison conditions.
- In 2021, the court noted a potential for revisiting sentence reduction later, based on extraordinary hardships experienced during COVID-19 lockdowns, but found his release at that time inconsistent with statutory sentencing factors.
- On January 15, 2024, Lopez filed a renewed motion for compassionate release, arguing both continuing harsh confinement and eligibility under recent Sentencing Guidelines changes.
- The Government opposed the motion, highlighting Lopez's failure to exhaust administrative remedies—a prerequisite for judicial review under § 3582(c).
Issues
| Issue | Lopez's Argument | Government's Argument | Held |
|---|---|---|---|
| Administrative exhaustion for § 3582(c) motion | Did not address exhaustion; sought direct court relief. | Lopez failed to show exhaustion of administrative remedies. | Motion denied for non-exhaustion. |
| Compassionate release: COVID-19 hardship | Harsh lockdown conditions justify reduction; court previously open. | Statutory factors and procedural bars not met. | Court would grant reduction if allowed. |
| Application of Sentencing Guidelines Amendment 821 | Amendment 821 supports early release/reduction. | Amendment does not lower Lopez's range or qualify as extraordinary. | Amendment 821 provides no relief here. |
| Immediate relief vs. exhaustion waiver | Implied urgency due to near-term release date. | No position, but government could waive exhaustion. | Relief possible if government waives/Lopez exhausts. |
Key Cases Cited
- United States v. Butler, 970 F.2d 1017 (2d Cir. 1992) (burden is on defendant to show entitlement to compassionate release)
- United States v. Brooker, 976 F.3d 228 (2d Cir. 2020) (pre-2023 courts not limited by Sentencing Commission's old guidance for defendant-initiated release)
- United States v. Amato, 48 F.4th 61 (2d Cir. 2022) (First Step Act allows defendants to move for compassionate release)