Home/Source documents/Court filing — D. Kan. No. 6:21-cr-10073 (Dkt. 255, D. Kan.)
Court filing — D. Kan. No. 6:21-cr-10073 (Dkt. 255, D. Kan.)
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Case 6:21-cr-10073-EFM Document 255 Filed 02/08/25 Page 1 of 5
IN THE UNTTED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
UNITED STATES OF AMERICA,
Plaintiff,
V
Case No. 21-10073-EFM
MICHAEL CAPPS,
Defendant.
DEFENDANT'S RESPONSE TO GOVERNMENT'S MOTION TO DISMISS
AND RENEWED MOTION FOR EXPEDITED CONSIDERATION
this
COMES NOW the Defendant, Michael Capps, pro se, and respectfully submits
request
response to the Government's Motion to Dismiss (Doc. 254) and renews his
for expedited consideration based on new developments:
I. Administrative Exhaustion Requirements Have Been Satisfied
Defendant has not
1. The Government's motion to dismiss incorrectly states that
demonstrated exhaustion of administrative remedies.
January 27,
2. As evidenced by the attached Bureau of Prisons memorandum dated
2025, Warden B. Jones formally denied Defendant's request for compassionate
release. This denial followed verbal notification provided to Defendant by
prison staff on January 25, 2025.
3. Under 18 U.S.C. § 3582 (c) (1) (A), a defendant may file a motion with the court
upon receipt of the warden's denial or 30 days lapsing from the date of the
warden's receipt.
4. The Tenth Circuit has held that § 3582 (c) (1) (A)'s exhaustion requirement is
a claim-processing rule. United States v. Maumau, 993 F.3d 821, 826 (10th
Cir.
2021).
5. Defendant has satisifed this requirement through receipt of the warden's denial.
making fur ther administrative appeals unncessary under the statute's plain
language.
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Case 6:21-cr-10073-EFM Document 255 Filed 02/08/25 Page 2 of 5
II. Cireuns tances karrant Expedited Consideration
6. Since filing the original mot ion, new developments have increased the urgency
of this request:
a. Defendant's elderly father suffered a serious fall on January 26, 2025,
resulting in:
i. Two broken ribs
ii. A broken hand
iii. A head laceration
iv. Further impaiment of already limited mobility
b. These new injuries conpound the existing circumstances detailed in
Defendant's pending motion by:
i. Increasing his father's imediate need for assistance
ii. reating additional medical appointments and rehabilitation
requirements.
iii. Further limiting his ability to perfom basic self-care
7. The combination of:
a. A formal denial from the warden
b. Deteriorating conditions of the Defendant's father
c. Inmediate risk to both Defendant's and his father's health
d. Lack of alternative caregiving options supports both the procedural and
subs tantive merit of imediate consideration
III. Prayer for Relief
WHEREFORE, Defendant respectfully requests that this Court:
1. Deny the Goverment's Motion to Dismiss as moot in light of the documented
exhaustion of administrative remedies;
2. Grant expedi ted cons ideration of the underlying motion for compassionate
release ;
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Case 6:21-cr-10073-EFM Document 255 Filed 02/08/25 Page 3 of 5
3. Consider the additional circumstances described herein as supplemental
support for both the motion for compassionate release and request for
expedited consideration.
Respectfully subnit ted,
Míchag1 Capp
Register No. 66142-509
Florence Prison Camp
PO Box 6000
Florence, C0 81226
Case 6:21-cr-10073-EFM Document 255 Filed 02/08/25 Page 4 of 5
U.S. Department of Justice
RT
Federal Bureau of Prisons
USTIC Federal Correctional Complex Florence
OAdministrative Maximum Security Institution
OHigh Security Institution
VOFF DMedium Security Institution
Ø Minimum Security Institution
January 27, 2025
MEMORANDUM FOR CAPPS, Michael R
REGNO.: 66142-509
FROM: D.'Jones, Warden
SUBJECT: Compassionate ReleaselReduction In Sentence (RIS)
Release/Reduction in Sentence
This is in response to your Request for Compassionate Partner where you are the only
(RIS), based on lIncapacitation of a Spouse or Register shoulder surgery on
available caretaker. Specifically, your father, age 77, underwent daily needs.
December 30, 2024, and is now unable to drive or provide for his basic
You are the only care giver for your father.
sentencing court, on
Title 18 of the United States Code, section 3582(c)(1)(A), allows a term of imprisonment
motion of the Director of the Bureau of Prisons (BOP), to reduce a Program Statement
with BOP
for extraordinary or compelling reasons. In accordance
Sentence: Procedures for
No. 5050.50, Compassionate Release/Reduction in
Implementation of 18 U.S.C. $S 3582(c)(1)(A) and 4205(g), provides guidance on the
compelling reasons, such as the
types of circumstances that present extraordinary or condition; status as a "new law"
inmate's terminal medical condition; debilitated medical
elderly inmate, an elderly inmate with medical conditions, or an "other elderly inmate";
the inmate's child; or the
the death or incapacitation of the family member caregiver of Your request has been
incapacitation of the inmate's spouse or registered partner.
evaluated consistent with the general guidance.
diagnosed with aterminal
RIS consideration may be given to inmates who have been less, who have a
or
and incurable disease whose life expectancy is 18 months
injury from which they will not
progressive illness or who have suffered a debilitatingcare
recover. You are a 47-year-old male with a medical level 2, stable, chronic care
diagnosis. While it is understandable youdesire to be with your family and care for
to receive
your father, this does not present extraordinary or compelling reasons for you
a Compassionate Release or RIS.
"extraordinary or
Based upon a review of all factors listed above, Ido not find Bureau make a
compelling circumstances" as required by the statute to recommend the
reguest for
motion before your sentencing court seeking a reduction in sentence. Your
Compassionate Release/RIS is denied. If you are not satisfied with this response to
Case 6:21-cr-10073-EFM Document 255 Filed 02/08/25 Page 5 of 5
Compassionate Release/RIS
CAPPS, Michael R
Reg. No.: 66142-509
Page 2
your request, you may commence an appeal of this decision via the Adninistrative
Remedy process.
Itrust this addresses your concerns.