Motion for Sentence Reduction (Compassionate Release) — United States v. Denis Casseus

Full text

Case 2:23-cr-O0009-KCD-DNF Document62 Filed 01/24/24 Pagel PEP avelD 230

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Use this form if you are asking the court (not the BOP) for compassionate releaspyegin prison.
Please make sure the form is typed or neatly written. Once you complete the forr& iamil it to

the clerk of the United States District Court where you were sentenced. 3

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UNITED STATES DISTRICT COURT
FOR THE

Mippie. DISTRICT OF F\ORID A

UNITED STATES OF AMERICA Case No. 2.93-C&"4° TPB -KRch
(write the number of your criminal
case)

. MOTION FOR SENTENCE
REDUCTION UNDER

DENTS CASSEUS 18 U.S.C. § 3582(c)(1)(A)

(Compassionate Release)
(Pro Se Prisoner)

Write your full name here.

NOTICE

The public can access electronic court files. Federal Rule of Criminal Procedure 49.1
addresses the privacy and security concerns resulting from public access to electronic court
files. Under this rule, papers filed with the court should not contain: an individual's full social
security number or full birth date; the full name of a person known to be a minor; or a
complete financial account number. A filing may include only: the last four digits of a social
security number; the year of an individual’s birth; a minor’s initials; and the last four digits of

a financial account number.

Does this motion include a request that any documents attached to this motion be filed
under seal? (Documents filed under seal are not available to the public.)

C) Yes

No

If you answered yes, please list the documents in section IV of this form.

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L SENTENCE INFORMATION
Date of sentencing: lo | LO / AOR 3

4

Term of imprisonment imposed: AY Momnh S
Approximate time served to date:_ ONG  M onth

Projected release date: E olan M onthS

Length of Term of Supervised Release: N | A

Have you filed an appeal in your case?
C1 Yes
QWNo
Are you subject to an order of deportation or an ICE detainer?

Cl Yes

WNo

IL EXHAUSTION OF ADMINISTRATIVE REMEDIES!

18 U.S.C. § 3582(c)(1)(A) allows you to file this motion (1) after you have fully exhausted all
administrative rights to appeal a failure of the Bureau of Prisons to bring a motion on your
behalf, or (2) 30 days after the warden of your facility received your request that the warden
make a motion on your behalf, whichever is earlier.

Please include copies of any written correspondence to and from the Bureau of Prisons related
to your motion, including your written request to the Warden and records of any denial from
the Bureau of Prisons.

'The requirements for this compassionate release motion being filed with the court differ from
the requirements that you would use to submit a compassionate release request to the Bureau
of Prisons. This form should only be used for a compassionate release motion made to the
court. If you are submitting a compassionate release request to the Bureau of Prisons, please
review and follow the Bureau of Prisons program statement.

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Case 2:23-cr-O0009-KCD-DNF Document 62 Filed 01/24/24 Page 3 of 6 PagelD 232

Have you personally submitted your request for compassionate release to the Warden
of the institution where you are incarcerated?

LJ] Yes, I submitted a request for compassionate release to the warden on

bY No, I did not submit a request for compassionate release to the warden.

If no, explain why not:

“Was Yok aware of Ws Option
Net.

Was your request denied by the Warden?

C] Yes, my request was denied by the warden on (date):

C} No.1 did not receive a response yet.

Ii, GROUNDS FOR RELEASE

Please use the checkboxes below to state the grounds for your request for compassionate
release. Please select all grounds that apply to you. You may attach additional sheets if
necessary to further describe the reasons supporting your motion. You may also attach any
relevant exhibits. Exhibits may include medical records if your request is based on a medical
condition, or a statement from a family member or sponsor.

A. Are you 70 years old or older?
C Yes.

DWN.

If you answered no, go to Section B below. You do not need to fill out Section A.

If you answered yes, you may be eligible for release under 18 U.S.C. § 3582(c)(1)(A)(ii) if you
meet two additional criteria. Please answer the following questions so the Court can determine
if you are eligible for release under this section of the statute.

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Case 2:23-cr-O0009-KCD-DNF Document 62 Filed 01/24/24 Page 4 of 6 PagelD 233

Have you served 30 years or more of imprisonment pursuant to a sentence imposed
under 18 U.S.C. § 3559(c) for the offense or offenses for which you are imprisoned?

CO Yes.
[ No.

Has the Director of the Bureau of Prisons determined that you are not a danger to the
safety of any other person or the community?

O Yes.
C No.

B. Do you believe there are other extraordinary and compelling reasons for your
release?

Yes,
LJ No.

If you answered “Yes,” please check all boxes that apply so the Court can determine whether
you are eligible for release under 18 U.S.C. § 3582(c)(1)(A)(i).

C1 Ihave been diagnosed with a terminal illness.

CL] Ihave a serious physical or medical condition; a serious functional or cognitive
impairment; or deteriorating physical or mental health because of the aging
process that substantially diminishes my ability to provide self-care within the
environment of a correctional facility, and I am not expected to recover from this
condition.

[} lam 65 years old or older and I am experiencing a serious deterioration in
physical or mental health because of the aging process.

(The caregiver of my minor child or children has died or becomeincapacitated
and I am the only available caregiver for my child or children.

CYMy spouse or registered partner has become incapacitated and I am the only
available caregiver for my spouse or registered partner.

LY There are other extraordinary and compelling reasons for my release.

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Case 2:23-cr-O0009-KCD-DNF Document62_ Filed 01/24/24 Page 5 of 6 PagelD 234

Please explain below the basis for your request. If there is additional information regarding any
of these issues that you would like the Court to consider but which is confidential, you may
include that information on a separate page, attach the page to this motion, and, in section IV
below, request that that attachment be sealed.

“We ‘soses Yor Ww, Yeques+ 1s due +o way Wife 's
along ae) Wwitrsiond. Her Mental healtin issues
Wine Workiuna and Covina FOY our 5 children.
Che \S asc’ Sping Yordugh back \Ssues

due 16 three ¥
Slne 'S undole Ayo We cov Obse chs --T wan

Jobe diese Le Firan cats, _asisest My_Family,
arn Pleacing —caciy —telea Se. —Or “house
5 under Super sian:

IV. ATTACHMENTS AND REQUEST TO SEAL

Please list any documents you are attaching to this motion. A proposed release plan is included
as an attachment. You are encouraged but not required to complete the proposed release plan.
A cover page for the submission of medical records and additional medical information is also

. included as an attachment to this motion. Again, you are not required to provide medical
records and additional medical information. For each document you are attaching to this
motion, state whether you request that it be filed under seal because it includes confidential
information.

Document Attached? Request to seal?
Proposed Release Plan Wes ONo CI Yes WNo
Additional medical information (Wes ONo CJ Yes CYNo
[Yes D Yes C] No
LU Yes 2 Yes L] No

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Case 2:23-cr-O0009-KCD-DNF Document 62 Filed 01/24/24 Page 6 of 6 PagelD 235

V. REQUEST FOR APPOINTMENT OF COUNSEL

I do not have an attorney and I request an attorney be appointed to help me.

w/v

[] No
VIL MOVANT’S DECLARATION AND SIGNATURE

For the reasons stated in this motion, I move the court for a reduction in sentence
(compassionate release) under 18 U.S.C. § 3582(c)(1)(A). I declare under penalty of
perjury that the facts stated in this motion are true and correct.

I Qa]aody Lanasterdsy nul
Date Signature

C OSSEUS , Dems

4A0\3- 510

Bureau of Prisons Register #

FRC PenSa cola

Bureau of Prisons Facility

\10_Raolou AVE. Pensacola, Fl 32504

Institution’s Address J

Name

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