Aller v. USA

Filing 42

ORDER. The application for the appointment of counsel is denied. Similarly, because the section 3553(a) factors argue strongly against any further reduction in the defendant's sentence, the defendant's application for compassionate release is denied. The Clerk is directed to send a copy of this Order to the Defendant at: Kevin Aller 45021-054, Metropolitan Detention Center, P.O. Box 329002, Brooklyn, NY 11232. SO ORDERED. (Signed by Judge John G. Koeltl on 1/6/2021) (rjm) Transmission to Docket Assistant Clerk for processing.

Case 1:11-cv-09089-JGK Document 42 Filed 01/06/21 Page 1 of 3

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
────────────────────────────────────
UNITED STATES OF AMERICA,
- against KEVIN ALLER,

00-cr-977 (JGK)
11-cv-9089 (JGK)
ORDER

Defendant.
────────────────────────────────────
JOHN G. KOELTL, District Judge:
The Court has received the attached letter from the
defendant which renews his application for compassionate release
and seeks the appointment of counsel.
The application for the appointment of counsel for the
application for compassionate release is denied.

The petitioner

has failed to show that there is any likelihood that the
application will be granted.

This Court recently reduced the

defendant’s sentence substantially pursuant to the First Step
Act after taking into account the relevant factors under 18
U.S.C. § 3553(a).

The Court also denied an application for a

further reduction in the defendant’s sentence because a further
reduction would not be consistent with the factors in section
3553(a).

There is nothing in the petitioner’s letter that

suggests that the section 3553(a) factors have changed from when
the Court recently assessed them. Therefore, the application for
the appointment of counsel is denied. Similarly, because the
section 3553(a) factors argue strongly against any further
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Case 1:11-cv-09089-JGK Document 42 Filed 01/06/21 Page 2 of 3

reduction in the defendant’s sentence, the defendant’s
application for compassionate release is denied.
The Clerk is directed to send a copy of this Order to the
Defendant at:

Kevin Aller 45021-054, Metropolitan Detention

Center, P.O. Box 329002, Brooklyn, NY 11232.
SO ORDERED.
Dated:

New York, New York
January 6, 2021

_____/s/ John G. Koeltl_____
John G. Koeltl
United States District Judge

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