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United States District Court for the Western District of New York
April 15, 2020, Decided; April 15, 2020, Filed
[*218] I. INTRODUCTION
Presently before this Court is Defendant Brett Schultz's Motion for Release or Sentence Reduction under the federal compassionate-release statute (Docket No. 35), which the government opposes. See 18 U.S.C. § 3582 (c)(1)(A). Because Schultz has failed to satisfy the mandatory exhaustion provisions of the statute, his motion is denied without prejudice.
On November 8, 2017, Schultz waived indictment and pleaded guilty to a single-count information charging him with attempted receipt of child pornography in violation of 18 U.S.C. § 2252A (a)(2)(A). (Docket Nos. 16-18, 20.) This charge stemmed from Shultz's sexually explicit on-line chats with an undercover law enforcement officer whom he believed to be a minor female. Shultz sent this "girl" naked photographs of himself, requested that she reciprocate with explicit photographs and videos of her own, and coached her on how to perform sex acts. After a period of communication, Shultz arranged to meet this "girl" in person for the purposes of engaging in sexual activity with her [**2] and arrived at the meeting point with a condom in his pocket.
DECISION AND ORDER
On March 7, 2018, this Court sentenced Schultz to 87 months' imprisonment pursuant to the terms of the parties' Rule 11 (c)(1)(C) plea agreement, 10 years' supervised release, a $100 special assessment, and no fine or restitution. (Docket Nos. 18, 32, 33.) He is presently serving his sentence at FCI Elkton, with a release date of May 17, 2023. See https://www.bop.gov/mobile/find_inmate/byname.jsp#inmate_results (last visited April 14, 2020).
On April 7, 2020, Schultz moved for release to home incarceration or for a sentence reduction to time served under 18 U.S.C. § 3582 (c)(1)(A) on the ground that he is at heighted risk to develop COVID-19 given his asthma condition and the recent outbreak of the coronavirus at FCI Elkton. (Docket No. 37.) Shultz also claims to have applied to the Bureau of Prisons for release on April 7, 2020, but no proof of that request has been provided. (Docket No. 38, p. 2.) The government opposes Schultz's motion. (Docket No. 37.)
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454 F. Supp. 3d 217 *; 2020 U.S. Dist. LEXIS 66512 **; 2020 WL 1872352
UNITED STATES OF AMERICA, v. BRETT SCHULTZ, Defendant.
Subsequent History: Motion denied by United States v. Schultz, 2020 U.S. Dist. LEXIS 72390 (W.D.N.Y., Apr. 24, 2020)
Motion denied by United States v. Schultz, 2020 U.S. Dist. LEXIS 93086 (W.D.N.Y., May 28, 2020)
exhaustion, sentence, reduction, required to exhaust, courts, judge-made, provisions, compelling reason, administrative right, term of imprisonment, conditions, mandatory, lapse, medical condition
Criminal Law & Procedure, Sentencing, Imposition of Sentence, Factors, Evidence, Burdens of Proof, Allocation, Civil Rights Law, Prisoner Rights, Prison Litigation Reform Act, Exhaustion of Administrative Remedies, Corrections, Modifications & Reductions, Circumstances, Eligibility & Factors, Trials, Judicial Discretion, Procedural Matters, Federal Versus State Law, Exhaustion Doctrine, Governments, Legislation, Interpretation, Postconviction Proceedings, Imprisonment, Administrative Law, Judicial Review, Reviewability, Exhaustion of Remedies