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Order Denying Motion to Reduce Sentence — USA v. Ozkar (N.D. Cal., Dkt. 45, April 4, 2022)

Summary

An Order Denying Motion to Reduce Sentence in USA v. OZKAR, Case No. 21-cr-00144-CRB-1, Case 3:21-cr-00144-CRB, Document 45, filed 04/04/22, in the U.S. District Court for the Northern District of California. The order states that the defendant pleaded guilty to making a false statement to a financial institution in violation of 18 U.S.C. § 1014 and was sentenced on December 15, 2021 to 12 months in custody of the Bureau of Prisons. It states that on January 26, 2022 the defendant moved for a reduced sentence under 18 U.S.C. § 3582(c)(1)(A). The court denies the motion because the defendant is not yet in custody, citing a Ninth Circuit holding that compassionate relief is not available to defendants prior to incarceration. The signature block names Charles R. Breyer, United States District Judge.

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“Order Denying Motion to Reduce Sentence — USA v. Ozkar (N.D. Cal., Dkt. 45, April 4, 2022).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-n-d-cal-no-3-21-cr-00144-dkt-45-n-d-cal-5a88eea73d/, SHA-256 023645f1fe491cee89cb4f06ad8b1ce34d8c7087c68224fc6cfcdad2441d84c6.

Full text

                                          Case 3:21-cr-00144-CRB Document 45 Filed 04/04/22 Page 1 of 1




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                                   5                            IN THE UNITED STATES DISTRICT COURT

                                   6                       FOR THE NORTHERN DISTRICT OF CALIFORNIA

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                                   8     USA,                                          Case No. 21-cr-00144-CRB-1
                                   9                   Plaintiff,
                                                                                       ORDER DENYING MOTION TO
                                  10            v.                                     REDUCE SENTENCE
                                  11     OZKAR,
                                  12                   Defendant.


 United States District Court
                                  13          Defendant Ezter Oskar pleaded guilty to making a false statement to a financial
                                  14   institution in violation of 18 U.S.C. § 1014. On December 15, 2021, the Court sentenced
                                  15   him to 12 months in custody of the Bureau of Prisons (BOP). See Minute Order (dkt. 24);



Northern District of California
                                  16   Judgment (dkt. 25). On January 26, 2022, Oskar moved for a reduced sentence, arguing
                                  17   that his recent diagnosis of diabetes and high cholesterol constituted a “extraordinary and
                                  18   compelling reason” under 18 U.S.C. § 3582(c)(1)(A). Mot. (dkt. 37) at 2.
                                  19          The Court DENIES the motion because Oskar is not yet in custody. The Ninth
                                  20   Circuit recently parsed the text of Section 3582 and held that “compassionate relief is not
                                  21   available to defendants prior to incarceration.” United States v. Fower, No. 21-50007, __
                                  22   F.4d __ (9th Cir. April 4, 2022). The Court need not reach whether Oskar’s circumstances
                                  23   would otherwise qualify him for compassionate relief.
                                  24          IT IS SO ORDERED.
                                  25          Dated: April 4, 2022
                                                                                        CHARLES R. BREYER
                                  26                                                    United States District Judge
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