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

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U.S. District Court, Eastern District of California · No. 2:22-cr-00087-KJM · Doc. 43 · 2024-02-01 · Docket on CourtListener

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Case 2:22-cr-00087-KJM Document 43 Filed 02/01/24 Page1of8

FILED

UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF CALIFORNIA

DEPUTYALERK

UNITED STATES OF AMERICA
Plaintiff,

Ve Case No.: 23:22-CR-00087-KJM

AARON ASHCRAFT

Defendant.

DEFENDANT'S REBUTTAL TO PLAINTIFF'S OPPOSITION TO MOTION FOR COMPASSIONATE RELEASE

Now comes Defendant, Aaron Ashcraft, proceeding pro se Defendant's Rebuttal to
Plaintiff's Opposition to Motion for Compassionate Release. -

BACKGROUND

The Defendant submitted a Request for Compassionate Release to this Honorable
Court in late 2023. In January 2024, the Plaintiff responded and opposed the

Defendant's Motion. The following is the Defendant's Rebuttal of the Plaintiff's
Opposition.

REBUTTAL

The Plaintiff's Opposition to the Defendant's Motion, essentially, identifies
two arguments to deny the Defendant's request. They are: 1) Defendant has not
established Extraordinary and Compelling Circumstances due to "Family
Circumstances"; and 2) Defendant's release would upset the 3553 factors.

Defendant responds to these are agruments as follows:

1) Defendant has not established Extraordinary and Compelling Circumstances due to
“Fasily Circumstances".

The Plaintiff states the Defendant's family circumstances do not rise to the
level of extraordinary and compelling. The Defendant outlined these circumstances in
his original filing, but has attached a handwritten 5 page detailed description of
his son's condition and the issues his family is facing.

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Case 2:22-cr-00087-KJM Document 43 Filed 02/01/24 Page2of8

The factual circumstances set out in the attachment are the very definition of
extraordinary and compelling. It is understandable that Plaintiff would argue that
these circumstances do not exist for the purpose of further incarceration in a camp
with no fences or locked doors, but the United States Sentencing Commission amended
guidelines for request for Compassionate Release for these undeniable circumstances.
This burden has been met by the Defendant.

2) 3553 Factors

This Honorable Court mercifully sentenced the Defendant based on his crimes.
The second aspect of the United States Sentencing Guidelines Amendment 821 afforded
the Defendant.a 2 point drop in his sentencing guidelines which this Honorable Court
expeditiously applied and lowered the Defendant's sentence. Prior to self-surrender,
the Bureau of Prisons assessed the Defendant to determine his risk to society and
placed him in a facility with the lowest possible security level. The Defendant

addressed this issue in his filing, but reminds the Court that he poses no threat to
society.

It is the Defendant's understanding that within his Motion he made it clear
what exactly he was asking for. The Defendant apologizes to the Court if this is not
the case. The Defendant is asking not to be released. In fact, the Defendant is
asking to remain in custody, but be allowed to care for his family. As detailed in
the Defendant's original Motion, the Defendant asks this Honorable Court to maintain
the integrity of his sentence by converting the sentence to home confinement with
modified supervised release (see original Motion). If the Motion is granted, the
Defendant would not be released, but be on an ankle monitor tethered to his house.
By doing so, the sentence imposed by this Honorable Court would be respected and
maintained.

If the Plaintiff truly believed that the Defendant required the supervision of
a dangerous individual, the Plaintiff would embrace the Motion submitted by the
Defendant. The Defendant is asking for the ability to work and take care of his
family while on an ankle monitor with strict supervision. If the Defendant's Motion
is granted, the Defendant actions will be considerably more scrutinized than they
currently are.

CONCLUSION

The Defendant makes no excuses for his crimes or to be allowed to be relieved
of his obligation to society. However, the issues as stated in the Defendant's

Motion present extraordinary circumstances for consideration for Compassionate
Release.

Therefore, the Defendant asks this Honorable Court to grant his Motion and
allow him to care for his family.

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Case 2:22-cr-00087-KJM Document 43 Filed 02/01/24 Page3of8

I) Cuidence of inca pacideted or deceased murend [cosleg ivec
Cw Mo Son, Dhemeon Nsicmdtt 15 Al pears ole and

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ma mother has no lece, | Ceuieetacot de cate fof

ae EN More.

T tea been Cai Sing a3 Sen as a single parent

Siace 20GS his ATS aad 1 on Sod cont relationship

ass She re Awe Lin al ita Stee Use esd mult} 9 le

(életionghins and was no4 ravelved jn farsine

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OUC S07 iA any capita, Hic mother dicl not

g
Moke condac4 a by OUuL ~6f Lund} | he Wey 26

Qcals Old and living fa his oun refled a patd rect,

Le ant psk J had we he was living with bes

oa ly Lempora tile ying wes cur son whi le

she Was homeless. She only Zee d arth his.

Cor appeyimately one month ae then moved oud

of oh te Ap Michigan to Care for her Mother

Who has silage UY Breast cancel, Both oy San ancl
T how je Ha, cl ‘a2) contact with whee cin) have no

conlact infer mation Lor hee, She also hag a

Claus ie ¢ under the ane ot 18 that weat cwith hee

und She cages Lor,

che couch hay cecord. of me being the case ta ker

of OY. SOn Decause io ait POPS he was

diane way with cervica| mye) lo garda ane!

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Case 2:22-cr-00087-KJM Document 43 Filed 02/01/24 Page4of8

had ste winelera, © a de\ ieerle ZUNgeria thet és nua fd

reguice in aks of cehal: litodk ia, ‘t Det tioned

the Coc to clelaw eh self Sgucrencler <p -| hat t

could provide meclical care or my son, Lhe

Couct arorite A the mo-lion +o Pah mu sell

Suttender % hos diagoosis od corvice] m4 20 lope by

J

LUas, ow uncle hy tng LAD SCEY) digqnosis ot au Sgns

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later diagnosis in October of 9923 of Multiple

Xclerasis,

ad, Other family merbecs listed in PSR —- My mother
and mis gister | live togethers iA a home iA
Las Veeas Ny where my Mother helps m4 sister
ee ee Lhey oth alse work

ull-tme cad do aot have the dads or availabe -

oe re saucces to clsa COre or Ou SONS

M Cc! fees ( ond £inancia ( heed Furthermare, Since

ae roneere foe

es san

wale’ intarcecat ion ae mother and O15 ste {have

put al( ties uith ue Mu bother Chris-bpher
Asheat- lives InN Sen Noronie Texas ancl js

Casing tedo cane htels with his wile and he

| does, Ash ene Sh 2 4ine to also cale Ley Hu sof.
| hy perher Josh Asheroalt ues in Maine trarcigl
| tal lag coc3e of 3 kids. one of ubich is o1 taldlele
| with rere they ace bore ly ave to mate
MAds ayo et aw cl are unably re Care for mu Son,

Sr acaatelil

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Case 2:22-cr-00087-KJM Document 43 Filed 02/01/24 Page5of8 3)

¢. Ma wife is una ble lo core (OF por Som adh she is
Se U ‘

both homeless anc an alcoholic . Sle also has geyere

mento | [osc ha Loe col conditions of the extent of being

ee os Tatavels dina bled sepia Ls ho also is

i
suer ine, mln m A eupoor-l as che is Line ral wed,
v4 oie YY

U
has no deivers beenge ard no ecl.cadion be yonel the

Sth grade.

or oi

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Case 2:22-cr-00087-KJM Document 43 Filed 02/01/24 Page6of8

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2) Evidence of Medica | Diagnosis

A, Muy, D200 Was Diagnosect_ wih oN Rae (ESSN E

Setar of Mull: ple Selefos?s ia Bisiie Lae of 9623

otter T had orn Leecady begun mu sentence,

14 ma rokion Une wes piiengt faz an cclnri agteed ive

oe

remedes thrush the Lo. PX s-tedel he wes waclereoine

Bigs testing to determing the exact strain

of multig le ay ens, 18 wirich has na Venting

on Ane fact tha he was diagnosed with Mu Vig le

Sclerasis. Prior to his sling nosis May Gon G5

Cmploued and attending ay (leqe lke symptoms

U v
Of the disease prevented ereyeotecd him fram

continuins ensea\na méAt and he had +a drapout

a
of Ry ble has been phys ically bana dion rece!

From the symptoms of his liveness which have

aftacted his abil; by +o walk . Seen , an ded een ehed

his, coonitive Surpivm, tle dows nok faye a drivers

Veale bY oc awehicle and onlu aeks cides to

ie)
dhe hospital when the Cas FH idnds he dows

have ace aya lable, To treet the Sumptoms at

his desecace he is teguired 40 cecieve inivoventis

indus iad ot medigation everin 6 weeks atthe

bed cite. The last time as in contact wilh

a Sen he was cleoress ec and hevine Lina ne ia (

di Giculty . A Leeencl of mine ag ceeel +o tobe

J
0POSE9S 10 Nn ot my (AL as coll Pleas for a sme {|
La

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Case 2:22-cr-00087-KJM Document 43 Filed 02/01/24 Page7of8

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loon Worl we me hk te, Mn San \o nely hie width

mene. Mua ean LS ee do aHkend +6 gettins

areceries Ox cet for the occasiong ( cated

Ween ibelitl ae from his Cervends,

lor “5 of December 2093 T have not bren able

te contact Mu 909, his ghone ale taa bef_j S$ nea longer

iN Secw Ce wid he is not ansver' os Ay Sailae*.

Jt agked ad wite +o feve het chi eed teu do make

CoNtact ai bk way son, Then were o bie 46 implied

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jattaa but only rr “A \y tiek Ce port ot his treat ment

\ ar)
Loc his degense and the tact that he had ey heustel

the pagar loaned +o hin and he Was facine

Guinkien © Further Contact with hing AAS ts Mer

UnsSu (le bu | dug +o aa wiles Chi leben No-t Feiag

able +o contact him ai nearly « month nee

halt of lockdown conditions at +he prison iny

uhioh ns aM Serving mu sentence making Contact _

with the outside Cae OO cult. Ever wit,

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attempts af hond ud ten Le ters have been uns acteste|,

being, returned to the prison as uncleliverab fe,

dam the only means of Cinancia| F pnectiog Gad

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errotieng| supports he despatetiy needs

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Case 2:22-cr-00087-KJM Document 43 Filed 02/01/24 Page 8of8

Respectfully Submitted,

Dated: January 29, 2024 s/ }
Sheridan, Oregon Aafon Ashcraft
FCI Sheridan Camp
P.O. Box 6000
Sheridan, Oregon 97378

CERTIFICATE OF SERVICE

I, Aaron Ashcraft, certify that I served a true and correct copy of this
Defendant's Rebuttal to Plaintiff's Opposition to Motion for Compassionate Release
to the United States Attorney at:

United States Attorney

So\ XT Sereet * '0- 100

SoLeremento Ca, Age

Dated: January 29, 2023 $/
Sheridan, Oregon Aaron Ashcraft
FCI Sheridan Camp
P.O. Box 6000
Sheridan, Oregon 97378

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