Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Burbidge

United States District Court, D. North Dakota

October 2, 2019

United States of America, Plaintiff,
v.
David Burbidge, Defendant.

          ORDER DENYING DEFENDANT'S MOTION TO REDUCE SENTENCE

          DANIEL L. HOVLAND, CHIEF JUDGE.

         Before the Court is the Defendant's motion to reduce sentence pursuant to the First Step Act of 2018, filed on May 23, 2019. See Doc. No. 89. The Government filed a response in opposition to the motion on August 1, 2019. See Doc. No. 95. The Defendant filed a reply on August 8, 2019. See Doc No. 96. The Defendant filed a supplemental reply on August 13, 2019. See Doc. No. 97. For the reasons set forth below, the motion is denied.

         I. BACKGROUND

         On November 8, 2016, Burbidge pled guilty to one count of conspiracy to possess with intent to distribute and distribute a controlled substance (methamphetamine) in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)A)(viii), 846, and 18 U.S.C. § 2 and one count of conspiracy to launder monetary instruments in violation of 18 U.S.C. §§ 1956(h) and 2. See Doc. No. 67. On May 30, 2017, the Court sentenced Burbidge to 60 months of imprisonment and 5 years of supervised release. The Court allowed Burbidge to self-surrender on August 4, 2017, in order to permit him to attend a state court hearing regarding custody of his minor children. Burbidge did not appeal his conviction or sentence. His presumptive release date from the custody of the Bureau of Prisons (“BOP”) is October 31, 2020. He has been a model prisoner while incarcerated and has successfully completed the RDAP program.

         On January 11, 2019, Burbidge submitted a request for a compassionate release reduction in sentence to the BOP. On May 23, 2019, Burbidge, with the assistance of retained counsel, filed a motion to reduce sentence pursuant the First Step Act in federal court. On July 31, 2019, the BOP denied his request for a reduction in sentence. See Doc. No. 95-1. In its denial, the BOP noted the mother of Burbidge's children was no longer in custody and Morton County Social Services had extended the period of foster care until June of 2020. The BOP also found Burbidge had failed to show that no other family members were available to care for the children.

         Burbidge contends his circumstances satisfy the “extraordinary and compelling reasons” standard set forth in 18 U.S.C. § 3582(c)(1)(A)(i) based upon the need for him to care for his minor children who are now in foster care. He asks that his sentence be reduced to time served. The Government opposes the motion.

         II. LEGAL DISCUSSION

         It is undisputed that Burbidge has exhausted his administrative remedies and the motion is ripe for consideration by the Court. In considering the motion, the Court must assess whether, after considering the 3553(a) factors, extraordinary and compelling circumstances exist which warrant a sentence reduction, and if a sentence reduction is consistent with the Sentencing Commission's applicable policy statement. See 18 U.S.C. § 3582(c)(1)(A).

         Prior to the passage of the First Step Act in 2018, district courts could only grant compassionate release sentence reductions based upon a motion filed by the director of the BOP. Such motions were rarely filed. This all changed when the President signed the First Step Act into law on December 21, 2018. The relevant portion of the new law now reads as follows:

(c) Modification of an imposed term of imprisonment.--The court may not modify a term of imprisonment once it has been imposed except that-
(1) in any case-
(A) the court, upon motion of the Director of the Bureau of Prisons, or upon motion of the defendant after the defendant has fully exhausted all administrative rights to appeal a failure of the Bureau of Prisons to bring a motion on the defendant's behalf or the lapse of 30 days from the receipt of such a request by the warden of the defendant's facility, whichever is earlier, may reduce the term of imprisonment (and may impose a term of probation or supervised release with or without conditions that does not exceed the unserved portion of the original term of imprisonment), after considering the factors set forth in section 3553(a) to the extent that they are applicable, if it finds that-
(i) extraordinary and compelling reasons warrant such a reduction; and that such a reduction is consistent with applicable policy statements issued by ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.