United States v. Roueche, 2:07-cr-00344

Defendant Clayton Roueche, age 47, is incarcerated at FCI Edgefield after pleading guilty in 2009 to conspiracy to export cocaine, conspiracy to import marijuana, and conspiracy to engage in money laundering.
Original sentence was 360 months; in 2019 the court reduced the sentence to 288 months under a retroactive application of Amendment 782; projected release date is November 24, 2028.
Roueche filed a pro se motion for compassionate release arguing (1) changes in federal law (2018 Farm Bill removing hemp from the CSA) mean some charged marijuana was actually hemp and would reduce his drug quantity today, and (2) his rehabilitation and low recidivism risk justify release.
The parties agree Roueche satisfied the administrative exhaustion requirement for § 3582(c)(1)(A) (warden received his request and 30 days lapsed).
The court found Roueche’s quantity argument unavailing because the counts were grouped and the money‑laundering offense level was driven by the large cocaine quantity (converted to marijuana equivalence), so reclassifying marijuana as hemp would not change his Guidelines range; rehabilitation alone is not an "extraordinary and compelling" reason.
For these reasons the court denied Roueche’s second compassionate‑release motion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Exhaustion of administrative remedies for § 3582(c)(1)(A)	Gov't: Roueche must satisfy exhaustion; parties agree he did	Roueche: warden received his request and 30 days have lapsed	Exhaustion satisfied; court proceeds to merits
Whether post‑Farm Bill change (hemp removed from CSA) is an "extraordinary and compelling" reason	Gov't: change does not warrant release here because it would not alter Roueche's sentence	Roueche: some marijuana was hemp so present‑day quantity would be lower and sentence would be shorter	Not extraordinary/compelling; change in law does not justify release
Whether reclassification of marijuana/hemp would alter Guidelines range	Gov't: counts were grouped; money‑laundering guideline tied to cocaine amount converted to marijuana equivalence, which alone produces Roueche's offense level	Roueche: reduced marijuana quantity would lower drug weight and base offense level	Held that Guidelines unaffected: cocaine equivalence alone sustains the same range
Whether rehabilitation and low risk support release	Gov't: rehabilitation alone is insufficient under 28 U.S.C. § 994(t)	Roueche: cites program participation, good conduct, low recidivism score, reentry plan	Rehabilitation alone does not constitute extraordinary and compelling reason

Dillon v. United States, 560 U.S. 817 (explaining § 3582(c) general prohibition on modifying an imposed sentence)
United States v. Aruda, 993 F.3d 797 (9th Cir.) (explaining that U.S.S.G. § 1B1.13 is not an applicable policy statement for defendant‑filed § 3582 motions)
United States v. Keller, 2 F.4th 1278 (9th Cir.) (procedural framework for § 3582(c)(1)(A) exhaustion and merits review)
United States v. Wright, 46 F.4th 938 (9th Cir.) (defendant bears burden to prove eligibility for compassionate release)
United States v. Bautista, 989 F.3d 698 (9th Cir.) (categorical approach and effect of hemp removal on whether a prior state conviction qualifies as a controlled‑substance offense)
United States v. House, 31 F.4th 745 (9th Cir.) (consideration of hemp in determining prior convictions under Guidelines)
Taylor v. United States, 495 U.S. 575 (establishing the categorical approach for assessing prior offenses)
United States v. Brown, 879 F.3d 1043 (9th Cir.) (applying the categorical approach to drug statutes)
United States v. Chen, 48 F.4th 1092 (9th Cir.) (post‑sentencing developments in law may be considered in compassionate‑release analysis)