Order Denying Request to Reduce Sentence — No. 4:21-cr-00362 (Dkt. 36, N.D. Cal.)

Summary

An order denying a request to reduce sentence, filed July 13, 2022 as Document 36 in United States v. Christina Burden, Case No. 4:21-cr-00362-YGR, in the U.S. District Court for the Northern District of California, signed by Judge Yvonne Gonzalez Rogers. The court received Burden's letter dated June 22, 2022 (Dkt. No. 35) asking for a reduced sentence based on courses completed in custody, about four months after she was sentenced to 36 months. The order denies the request without prejudice, stating that she has not shown exhaustion of administrative remedies under 18 U.S.C. § 3582(c)(1)(A) and that rehabilitation alone does not meet the standard in 28 U.S.C. § 994(t).

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“Order Denying Request to Reduce Sentence — No. 4:21-cr-00362 (Dkt. 36, N.D. Cal.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/order-denying-request-to-reduce-sentence-no-4-21-cr-00362-dkt-36-n-d-c-b7d70ceeb3/, SHA-256 f91acb9e6d4ff6afd0ceac26f4754a6d9477f4445540f3980929cc88415c4371.

Full text

Case 4:21-cr-00362-YGR Document 36 Filed 07/13/22 Page 1 of 2

4 UNITED STATES DISTRICT COURT

5 NORTHERN DISTRICT OF CALIFORNIA

6
Case No. 4:21-cr-00362-YGR
7 UNITED STATES OF AMERICA,
Plaintiff,
8 ORDER DENYING REQUEST TO REDUCE
v. SENTENCE
9

10 CHRISTINA BURDEN, Re: Dkt. No. 35
Defendant.
11

12 The Court is in receipt of defendant Christina Burden’s letter dated June 22, 2022,

United States District Court
13 requesting that the Court reduce her sentence based upon Burden’s completion of various

14 nutrition, keyboarding, and drug education courses while in custody. (Dkt. No. 35.) This request

15 comes approximately four months after the Court sentenced Burden to 36 months on February 24,

Northern District of California
16 2022. Familiar with the case, Burden’s recent sentencing, and having considered the letter,

17 Burden’s request for a reduced sentence is denied without prejudice.

18 Under the First Step Act, a defendant must exhaust administrative remedies before moving

19 to reduce her sentence in the district court. 18 U.S.C. § 3582(c)(1)(A). Burden has not

20 demonstrated that she exhausted her administrative remedies.

21 Once a defendant exhausts administrative remedies, a court can modify a sentence if, after

22 considering the factors set forth in 18 U.S.C. § 3553(a), it finds that “extraordinary and compelling

23 reasons warrant” a reduction. 18 U.S.C. § 3582(c)(1)(A)(i). Burden bears the burden to

24 demonstrate a sentence reduction is warranted. While Congress has not defined what constitutes

25 “extraordinary and compelling reasons,” it did state that “[r]ehabilitation of the defendant alone”

26 will not suffice. 28 U.S.C. § 994(t). The crux of Burden’s letter to the Court is that she should be

27 released based upon her demonstrated rehabilitation through her activities while in custody. This

28 is not enough and the request is denied.
Case 4:21-cr-00362-YGR Document 36 Filed 07/13/22 Page 2 of 2

1 This Order terminates Docket Number 35.

2 IT IS SO ORDERED.

3 Dated: July 13, 2022
______________________________________
4
YVONNE GONZALEZ ROGERS
5 UNITED STATES DISTRICT JUDGE

United States District Court
13

Northern District of California
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