Short v. USA

Filing 23

MEMORANDUM DECISION & ORDER. It is ORDERED that Defendant's Letter Request for Appointment of Counsel (Civ. Dkt. 21 ) is DENIED. Otherwise, to the extent the Defendant is seeking compassionate release under 18 U.S.C. §3582(c)(1)(A), the motion is DENIED WITHOUT PREJUDICE. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)

Case 4:17-cv-00451-BLW Document 23 Filed 01/04/21 Page 1 of 4

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
RAY CARL SHORT,

Civil Case No. 4:17-cv-00451-BLW
Crim. Case No: 4:14-cr-00273-BLW

Movant,
v.
UNITED STATES OF AMERICA,

MEMORANDUM DECISION
AND ORDER

Defendant.

INTRODUCTION
Before the Court is Defendant Ray Short’s letter, which requests
appointment of counsel (Dkt. 21). The Court will also construe this letter as one for
compassionate release. For the reasons explained below, the Court will deny the
motion for appointment of counsel and will deny the motion for compassionate
release without prejudice.
BACKGROUND
In July 2015, this Court sentenced Short to 15 years’ imprisonment after he
pleaded guilty to attempted sexual exploitation of a minor child. See July 16, 2015
Judgment, Crim. Dkt. 53, at 1. Short appealed, challenging the constitutionality of
his mandatory-minimum sentence of 15 years. See July 28, 2015 Notice of Appeal,
Crim. Dkt. 55. On August 2, 2016, the Ninth Circuit affirmed, concluding that
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Short’s sentence did not violate the Eighth Amendment. See Aug. 2, 2016 Mem.
Disposition, Crim. Dkt. 68. This Court later denied Mr. Short’s Motion Under 28
U.S.C. § 2255 to Vacate, Set Aside or Correct Sentence. Civ. Dkt. 15. The Ninth
Circuit later denied Short’s request for a certificate of appealability. See Civ. Dkt.
20.
Mr. Short now asks the Court to appoint an attorney for him. See Dkt. 21.
Additionally, his wife has written a letter to the Court indicating that an attorney
should be appointed to help Mr. Short request an early release based on his health
concerns and COVID-19. See Dkt. 22.
ANALYSIS
Defendant’s letter will be construed as a motion for compassionate release
and for the appointment of counsel. For the reasons stated below, Defendant's
motion for compassionate release will be denied without prejudice. His motion for
appointment of counsel will be denied outright.
Construing the letters on file in Mr. Short’s favor, he is seeking a reduction
of his sentence pursuant to 18 U.S.C. § 3582(c)(1)(A) – commonly referred to as
the compassionate release statute.
That statute provides:
The court may not modify a term of imprisonment once it has been
imposed except ... upon motion of the Director of the Bureau of
Prisons, or upon motion of the defendant after the defendant has fully
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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 ... if it finds that ... extraordinary and compelling
reasons warrant such a reduction ...
18 U.S.C. § 3582(c)(1)(A)(i). As explained in the statute, before a court may
consider an inmate’s request for a reduced sentence under 18 U.S.C. § 3582, the
inmate must first exhaust his administrative remedies with the Bureau of Prisons
(BOP) or wait 30 days after making such a request.
Neither letter on file with the Court states whether Mr. Short has exhausted
his administrative remedies with the BOP. Before the Court can consider the merits
of any request for compassionate release, the defendant must file some
documentary evidence that he has asked the BOP for compassionate release and
either the BOP denied his request or 30 days has passed since the request.
Otherwise, Defendant’s request for the appointment of counsel will be
denied. Defendant has no right to the appointment of counsel, and a motion for
compassionate release does not entail complex issues of law or fact that would
prevent Defendant from prevailing without the assistance of counsel. Indeed, the
requirements for compassionate release are set forth plainly in 18 U.S.C. §
3582(c)(1)(A).

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ORDER
IT IS ORDERED that Defendant’s Letter Request for Appointment of
Counsel (Civ. Dkt. 21) is DENIED. Otherwise, to the extent the Defendant is
seeking compassionate release under 18 U.S.C. §3582(c)(1)(A), the motion is
DENIED WITHOUT PREJUDICE.
DATED: January 4, 2021
_________________________
B. Lynn Winmill
U.S. District Court Judge

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