United States District Court, D. Nevada
before the court is defendant Ronald Gene Morgan's motion
for release. (ECF No. 77). The government filed a response
(ECF Nos. 78, 79), to which defendant replied (ECF No. 80).
February 7, 2017, defendant pleaded guilty to one count of
wire fraud. (ECF No. 64). On September 25, 2017, the court
sentenced defendant to 24 months of custody to be followed by
three years of supervised release. (ECF No. 71). The court
also ordered defendant to self-surrender on January 29, 2018.
January 5, 2018, the parties stipulated to delay
defendant's self-surrender date for 90 days. (ECF No.
75). The basis for the delay was to allow defendant to
receive two medical procedures on his eyes, which were in
diminishing health. Id. On May 4, 2018, defendant
self-surrendered in compliance with the court's order.
(ECF Nos. 77, 78).
beginning his term of incarceration, defendant has gone blind
in his left eye and is legally blind in his right eye. (ECF
No. 77). On January 28, 2019, defendant requested that his
warden release him from custody so he may receive eye
treatment. (ECF No. 77-1). On February 14, 2019, the warden
denied defendant's request on the grounds that the
prison's medical department is managing and treating
defendant's medical condition. (ECF No. 78-2).
February 24, 2019, defendant filed an appeal, which was
denied for being illegible. (ECF No. 77-2). Defendant
represents that he cannot write legibly due to his poor eye
sight. (ECF No. 77). On February 27, 2019, defendant filed a
motion for early release so that he may obtain proper medical
treatment for his condition. Id. Defendant is
currently 64 years old and is scheduled to be placed in a
residential re-entry center in August 2019. (ECF Nos. 77,
federal court “may modify an imposed term of
imprisonment to the extent otherwise expressly permitted by
statute or by Rule 35 of the Federal Rules of Criminal
Procedure.” 18 U.S.C. § 3582(c)(1)(B). 18 U.S.C.
§ 3582(c)(1)(A) provides that a court can make such
modification in two circumstances: (1) upon motion from the
director of the bureau of prisons or (2) upon motion from the
defendant after the defendant exhausted administrative rights
or 30 days after the warden receives the defendant's
request for modification.
submitted a request for modification to the warden on January
28, 2019. (ECF No. 77-1). Because defendant filed the instant
motion 30 days later, defendant has complied with §
3582(c)(1)(A). Accordingly, the court will consider the
merits of defendant's request.
courts can modify an imposed term of imprisonment when:
(i) extraordinary and compelling reasons warrant such a
(ii) the defendant is at least 70 years of age, has served at
least 30 years in prison, pursuant to a sentence imposed
under section 3559(c), for the offense or offenses for which
the defendant is currently imprisoned, and a determination
has been made by the Director of the Bureau of Prisons that
the defendant is not a danger to the safety of any other
person or the community, as provided under section 3142(g);
and that such a reduction is consistent with applicable
policy statements issued by the ...