United States v. Guerrero, 6:17-cr-00017

Defendant Andrew A. Guerrero pleaded guilty to conspiracy to transport undocumented aliens (6:16‑CR‑97‑1) and hostage taking (6:17‑CR‑17‑1(S)) and received concurrent terms of 120 and 168 months.
He has served roughly 53 months (about 32%) of his sentence; projected release date February 14, 2029.
Guerrero moved for compassionate release based on COVID‑19 risk, asserting hypertension, a cyst on his left kidney, and a deviated septum; he submitted no supporting medical records.
Guerrero filed an administrative remedy with the FMC‑Fort Worth warden on May 12, 2020 and filed his § 3582(c)(1)(A) motion one day later, so 30 days had not lapsed and he had not exhausted appeals.
The Bureau of Prisons (BOP) had not determined that extraordinary and compelling reasons warranted release, nor certified that Guerrero posed no danger to the community or that home detention would yield a substantial net cost reduction.
The Court applied 18 U.S.C. § 3582(c)(1)(A) and U.S.S.G. § 1B1.13, found the motion unripe for lack of exhaustion and insufficient evidence of extraordinary and compelling reasons, and denied the motion.

Issue	Plaintiff's Argument (United States)	Defendant's Argument (Guerrero)	Held
Whether Guerrero exhausted administrative remedies / satisfied the 30‑day rule under 18 U.S.C. § 3582(c)(1)(A)	Guerrero did not wait 30 days or fully exhaust administrative appeals; court lacks jurisdiction to consider the motion	Guerrero submitted a request to the warden (implying administrative route was pursued)	Denied for failure to exhaust/wait 30 days; motion not ripe and court lacks jurisdiction
Whether extraordinary and compelling reasons (medical risk from COVID‑19) warrant release and whether defendant is a danger to the community	No evidence (medical records or BOP finding) shows extraordinary and compelling reasons; BOP did not certify lack of danger	Guerrero asserts hypertension, kidney cyst, and deviated septum increase COVID risk	Court noted absence of supporting medical records and BOP certification; defendant did not establish extraordinary and compelling reasons; release denied (primarily on exhaustion grounds)

No published authorities with official reporter citations were cited in this opinion; the court relied on statutes, the Sentencing Commission policy statement (U.S.S.G. § 1B1.13), CDC guidance, and unpublished/WL decisions.