Defendant's Motion for Compassionate Release — United States v. Aaron Ashcraft (E.D. Cal.)

Record facts

U.S. District Court, Eastern District of California · No. 2:22-cr-00087-KJM · Doc. 35 · 2023-12-04 · Docket on CourtListener

Full text

Case 2:22-cr-00087-KJM Document35 _ Filed 12/04/23 Page1of7

UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF CALIFORNIA

DEC 04 2023

CLERK. U.S. DISTRICT COURT

UNITED STATES OF AMERICA ) BY RN DISTRIGE OF CALIFORNIA
) DEPUTY CLERK
Plaintiff, )
)
Vv. ) Case No.: 2:22CRO0087—1
) _ <
AARON ASHCRAFT ) 2: 22- 67 - INS Wwe \
)
Defendant. )

DEFENDANT'S MOTION FOR COMPASSIONATE RELEASE

Now comes the Defendant, Aaron Ashcraft, proceeding pro se
Defendant's Motion for Release pursuant to 18 U.S.C. 3582 (c)(1)(A)
(i). The Defendant respectfully requests an order reducing his
sentence or placing him on home confinement based on extraordinary
and compelling circumstances that have been presented by the current
medical condition of the Defendant's son (Dhameon Ashcraft) and his
inability to take care of herself or our family.

I. Introduction

The Defendant is currently serving a 41 month sentence imposed by
this Honorable Court at FCI Sheridan Camp in Sheridan, Oregon.

The Defendant's son was recently diagnosed with an aggressive and
advanced strain of Multiple Sclerosis and is unable to care for
himself and there are no other family members other than the Defendant
that provide for him.

The U.S.S.G. expanded the circumstances related to Compassionate
Release in April 2023 addressing in part the expanded justification
for release due to a defendant's family's need for support.

Set forth below is a detailed summary of events that rise to the
level of extraordinary and compelling circumstances under 18 U.S.C.
3582(c)(1)(A)(i).

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(II) suffering from a serious functional or cognitive
impairment, or
(III) experiencing deterioration of physical or mental
health because of the aging process that substantially
diminishes the ability of the defendant to provide self-care
within the environment of a correctional facility and from
‘which he or she is not expected to recover.

Following the passage of the First Step Act of 2018, a number of
United States District Courts have granted sentence reductions under
3582(c)(1)(A)(i). See United States v. Beck (Case No.: 1-13-CR-1 86,
2019 WL 2716505, M.D.N.C., June 28, 2017); United States v.
Canto-Rivera (Case No.: 4:89-CR-204, Dkt.492, S.D. Tx., June 24,
2019).

The Defendant has made every effort to seek support through

extended family and friends to address the needs of his son. However,
all of the Defendant's efforts have proven fruitless.

IV. Consideration of the Defendant's Personal 3553(a) Factors.

When considering the 3553(a) factors, a reduction in the
custodial term should be. granted and he should be released from Bureau
of Prisons custody. Based on the non-violent crime that the Defendant
committed, he was placed in a camp. The Defendant has maintained a
Minimum Recidivism (the lowest risk level) classification while
incarcerated. The Defendant has also completed all offered classes as
part of his Initial Needs requirements.

The Defendant poses no risk. to the community he will return to.
The Defendant has the ability to pay for his health insurance and
support his family. Although the reality of what the Defendant will
return to when either released with this Motion for Compassionate
Release or the completion of his sentence (current release date from
custody is March 24, 2026, after the application of 18 U.S.C. 3621le
sentence reduction), does not impact the 3553 factors, the fact that
he will be the sole support of his family and his son weighs
Significantly on any preceived threat that he may pose to society.

.V. The Exhaustion Requirement for Compassionate Release Has Been
Satisfied.

The Court may reduce the terms of the Defendant's sentence upon
Motion of the defendant after the defendant has fully exhausted all
administrative remedies or waiting 30 days after the warden's receipt
of their request per 18 U.S.C. 3582 (c)(1)(A)(i). The Sixth Circuit
Court of Appeals in U.S. v Alam (960 F. 3d 831, 835, 6th Cir 2020)
held that if a prisoner's pursuit of administrative remedy review

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Il. Exceptional Circumstances

The diagnosis of the Defendant's son's medical condition was not
know to the Defendant, nor his son at this time of senetencing.
Therefore, the Court could not possibily consider this issue at the
time of sentencing.

The Defendant's son has no family to care for him. The
Defendant's son is currently undergoing additional testing to specify
the strain of his illness.

The Defendant draws the Court's attention to the recent ruling of
Honorable Judge Bashant (Southern District of Califonia) on a
Compassionate Release submission by Carlos Daniel Resendiz (see US v.
Resendiz, November 2023). Judge Bashant granted Compassionate Release
for the FCI Sheridan Camp (same as the Defendant) inmate (Resendiz)
due to his son's terminal diagnosis.

Ill. Legal Standards for Seeking Compassionate Release Under U.S.C.
3582(c)(1)(A)(i).

Section 3582(c)(1)(A)(i) authorizes the modification of a
sentence if "extraordinary and compelling reasons warrant such a
reduction" and "such a reduction is consistent with the applicable
policy statement issued by the Sentencing Commission", as set out in
the United States Guideline 1B1.13. This Court has the discretion to
reduce the term of imprisonment imposed in this case based on
3582(¢c)(1)(A)(i), which states in: relevant part that the Court "may
reduce the term of imprisonment, after consideration of the factors
set forth in section 3553(a) to the extent that they are applicable,
if it finds that extraordinary and compelling reasons warrant such a
reduction[.]".

Pursuant to the requirement of 28 U.S.C. 994(t), as authorized by
28 U.S.C. 994(a)(2)(C), the Sentencing Commission promulgated a policy
' statement that set our criteria for a reduction in sentencing, which,
as set forth in U.S.S.G. 1B1.13, includes in relevant part: ,
(1) extraordinary and compelling reasons warrant the.
reduction;
(2) the defendant is not a danger to the safety of any
other person or to the community, as provided in 18
U.S.C. 3142(g¢g) and
(3) the reduction is consistent with this policy statement.

Further, the application note (1B1.13, Application Note 1 9A)
provided insight into what constitutes "extraordinary and compelling
reasons" which include the defendant's medical condition, and further
detailed as:

(ii) The defendant is:
(I) suffering from a serious medical condition,

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Case 2:22-cr-00087-KJM Document35 _ Filed 12/04/23. Page4of7

"comes up short (or if 30 days pass), prisoners have the option to go
the the federal court". This requirement of the 30 day wait for the
warden to respond has already been surpassed by the Defendant.

In order to satisfy this requirement, the Defendant submitted a

request to FCI Sheridan's Warden on October 16, 2023 (see attached
"A"), This request was ignored by the warden (Israel Jacquez).

VI. Argument

The Defendant was convicted of Wire Fraud which this Honorable
Court mercifully sentenced him to a term of 41 months. The Defendant
is not asking that his sentence be vacated, but for a modification via
Compassionate Release to allow him to care for his sone. In United
States v. Agomuoh (E. Dist of Michigan, Compassionate Release Motion,
2020), Honorable Judge Judith Levy granted the Agomouh Compassionate
Release having served less than one year of a 6 year sentence.
However, Judge Levy modified the terms of supervised release to
maintain the intergrity of the imposed sentence. The Defendant asks
this Honorable Court to grant his Motion and allow him to be placed on
an extended supervised release that would have him serve out his
sentence on home confinement.

Placing the Defendant on home confinement would save the United
States Taypayers $28,000 per year according to a study by the US
Department of Justice (2022). This amount represents the difference
between incarceration at a camp and the cost to supervise the
individual by Probation. The cost to maintain the ankle monitor device
would be paid for by the Defendant. The Defendant will maintain
employment which will include insurance to take care of himself and
his son. Thereby relieving the public of the necessity for supporting
the Defendant's family through the Department of Public Social
Services. .

The argument for saving society the cost of incarceration is not
new and the Defendant does not bring it to this Court as a novel
social issue. The United States Sentencing Commission in examining the
need for incarceration against the issues of a Defendant's family
recognized in their wisdom the necessity to expand Compassionate
Release. The fact that that Defendant is non-violent and is
incarcerated at a camp with no fenses, no cells, no locked doors and
is classified as "Out Custody" illustrates that the Bureau of Prisons
sees him as no threat to society. There is a facility 100 yards away
from the Defendant's bunk that houses such people. If the Defendant
was deemed to be violent, he would be "across the street". What is
also without question is the Defendant's son's condition. The
Defendant asks this Honorable Court to weigh the costs of further camp
incarceration against home confinement and allow the Defendant to care
for his son.

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Case 2:22-cr-00087-KJM' Document 35

VII. Conctusion

The Defendant committed Wire Fruad that have no excuse.

Defendant can truly re-pay society
providing financial support to his
debt to his family by putting them
can re-pay this debt to his family
by home confinement. If granted by

Filed 12/04/23 Page5of7

The

by unburdening social services of
son. The Defendant also owes a huge
in this position. The only way he
is by the very conditions laid out
this Court, the Defendant would be

placed on an ankle monitor where he will be supervised 24 hours a day.
He will be required to work and immediately return from each shift.
The Defendant will otherwise be home at all times to care for his son.
The Defendant will be subject to regular drug test and evaluation by

the Probation Office.

All would amount to considerably more

supervision that he receives in the camp at a fraction of the cost to

society.

In conclusion,

the Defendant asks this Honorable Court to grant

this Motion and allow the Defendant to care for his son.

Dated: November 25,
Sheridan, Oregon

2023

Respectfully Submitted,

Aaron Ashcraft

Reg. No.: 00025-510
FCI Sheridan Camp

P.O. Box 6000
Sheridan, Oregon 97378

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Case 2:22-cr-00087-KJM Document35 _ Filed 12/04/23 Page 6 of7

CERTIFICATE OF SERVICE

I, Aaron Ashcraft, certify that I served a true copy of the
attached Defendant's Motion for Compassionate Release by placing a
copy in the United States Mail addressed to:

United States Attorey's Office

Sol TL Sweet Se (0-wo
So.2r omentto l Cr Asai

Dated: November 25, 2023 S/ jet

Sheridan, Oregon Aaron Ashcraft
Reg. No.: 00025-510
FCI Sheridan Camp
P.O. Box 6000
Sheridan, Oregon 97378

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Case 2:22-cr-00087-KJM Document/ép Filed 12/04/23. Page 7 of 7

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Signature Staff Member Date
Record Copy - File; Copy - Inmate
PDF Prescribed by P5511

This form replaces BP-148.070 dated Oct 986
and BP~3148.070 APR 94

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