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United States v. Wilson

United States District Court, D. South Dakota, Western Division

December 31, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
LYLE WILSON, Defendant.

          ORDER DENYING MOTION FOR COMPASSIONATE RELEASE

          KAREN E. SCHREIER, UNITED STATES DISTRICT JUDGE.

         Defendant, 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.

         BACKGROUND

         In 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.

         ANALYSIS

         I. Compassionate Release under FSA

         In 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 . . . .

(emphasis added).

         In 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 ...


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