United States District Court, D. South Dakota, Western Division
ORDER DENYING MOTION FOR COMPASSIONATE
E. SCHREIER, UNITED STATES DISTRICT JUDGE.
Lyle Wilson, moves for compassionate release under 18 U.S.C.
§ 3583(c)(1)(A)(ii). Docket 666. The United States
opposes the motion. Docket 671. For the following reasons,
the court denies Wilson's motion.
2009, Wilson was found guilty after a jury trial of 1 count
of conspiracy to distribute cocaine, 1 count of conspiracy to
distribute marijuana, and 1 count of possession with intent
to distribute cocaine. Docket 510. He was sentenced on
September 25, 2009, to 240 months of imprisonment on counts
1, 2 and 3, all to be served concurrently, 10 years of
supervised release on counts 1 and 2 and 6 years on count 3,
to be served concurrently, and a $300 special assessment.
Docket 539. Post sentencing, Wilson appealed to the Eighth
Circuit Court of Appeals. Docket 548. On appeal, the Eighth
Circuit vacated Wilson's judgment of conviction on count
3, possession with intent to distribute cocaine. Docket 605.
This court entered an amended judgment on October 15, 2010,
reflecting that Wilson had only been convicted on counts 1
and 2 of the superseding indictment, and sentenced him to 240
months of imprisonment on counts 1 and 2, all to be served
concurrently, 10 years of supervised released on count 1 and
8 years on count 2, to be served concurrently, and a $200
special assessment, but otherwise leaving the remainder of
the sentence previously imposed undisturbed. Docket 609.
Wilson has now filed a motion for compassionate release based
on the recently enacted First Step Act (FSA). Docket 666.
Compassionate Release under FSA
2018, Congress passed the First Step Act (FSA). Pub. L. No.
115-391, 132 Stat. 5194 (2018). The compassionate release
statute, 18 U.S.C. § 3582(c)(1)(A), as amended by the
FSA on December 21, 2018, provides in pertinent part:
(c) Modification of an imposed term of
imprisonment.-The court may not modify a term of
imprisonment once it has been imposed except that-
(1) in any case-
(A) the court, upon motion of the Director of the Bureau of
Prisons, or upon motion of the defendant after the
defendant has fully exhausted all administrative rights to
appeal a failure of the Bureau of Prisons to bring a motion
on the defendant's behalf or the lapse of 30 days from
the receipt of such a request by the warden of the
defendant's facility, whichever is earlier, may
reduce the term of imprisonment (and may impose a term of
probation or supervised release with or without conditions
that does not exceed the unserved portion of the original
term of imprisonment), after considering the factors set
forth in section 3553(a) to the extent that they are
applicable, if it finds that-
(i) extraordinary and compelling reasons
warrant such a reduction . . .
and that such a reduction is consistent with applicable
policy statements issued by the Sentencing Commission . . . .
essence, the FSA amends 18 U.S.C. § 3582(c)(1)(A) to
permit inmates in specified circumstances to file motions in
the court where they were convicted seeking compassionate
release, but only after ...