United States District Court, W.D. Virginia, Big Stone Gap Division
Jeffrey Scott Brewington, Jr., Pro Se Defendant.
OPINION AND ORDER
P. Jones United States District Judge
Jeffery Scott Brewington, Jr., a federal inmate proceeding
pro se, has filed a motion to reduce sentence pursuant to
§ 603(b) of the First Step Act of 2018, Pub. L. No.
115-391, § 404, 132 Stat. 5194, 5220 (2018) (“2018
FSA” or “Act”), which amended 18 U.S.C.
§ 3582(c), expanding the circumstances under which
federal prison inmates may seek compassionate release.
defendant was indicted in this court on March 21, 2012, and
charged with, among other things, conspiring to possess with
the intent to distribute and to distribute 500 grams or more
of cocaine, methamphetamine, OxyContin, Percocet, Roxicet,
Lortab, and Xanax, all in violation of 21 U.S.C. §§
841(a)(1), (b)(1)(B)-(C), and 846 (Count One), and possessing
a firearm in furtherance of a drug trafficking crime in
violation of 18 U.S.C. § 924(c) (Count Nine).
defendant pleaded guilty to Counts One and Nine pursuant to a
written Plea Agreement. On October 22, 2012, the defendant
was sentenced to a term of 120 months of imprisonment to be
followed by a five-year period of supervised release.
According to the website of the Bureau of Prisons
(“BOP”), the defendant's current projected
release date is January 2, 2021.
to the 2018 FSA, only the Director of the Bureau of Prisons
could file a motion with the court seeking compassionate
release for an inmate. However, the 2018 FSA amended §
3582(c) to provide that a sentencing court may, after
considering the sentencing factors set out in 18 U.S.C.
§ 3553(a), modify a sentence to grant compassionate
release either upon motion of the Director “or upon
motion of the defendant after the defendant has fully
exhausted all administrative rights to appeal a failure of
the [BOP] 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.” 18 U.S.C.
3582(c)(1) permits a sentencing court to reduce a term of
imprisonment if it finds that “extraordinary and
compelling reasons warrant such a reduction” and the
reduction “is consistent with applicable policy
statements issued by the Sentencing Commission.” 18
U.S.C. § 3582(c)(1). The U.S. Sentencing Guidelines
Manual (“USSG”) provides that extraordinary and
compelling reasons exist, in relevant part, if there is
“[t]he death or incapacitation of the caregiver of the
defendant's minor child or minor children.” USSG
§ 1B1.13 cmt. n.1(C) (2018).
defendant seeks compassionate release on the ground that
there is no one other than himself to care for his
eight-year-old child. The defendant's Presentence
Investigation Report (“PSR”) prepared for this
court on October 1, 2012, and revised on October 19, 2012,
reported as follows:
Mr. Brewington married Tamara Conaway on February 5, 2009,
and he reported his marriage as good. This union has produced
one child, [LGB], age one, who resides with his wife in Scott
County. He also has two stepchildren with her, [DT], age
five, and [KT], age seven. The defendant advised that he has
another child, [DB], age 10, with Melissa Wright; however,
his parental rights were terminated when he was incarcerated
PSR ¶ 55, ECF No. 186. The defendant alleges that a
Virginia court took his daughter (presumably LGB) from his
wife and placed his daughter with his mother, but that his
mother has undergone surgery and is now unable to care for
defendant alleges that more than 30 days has elapsed since he
made a request to the warden of his institution and no
response has been received.
response to the 2018 FSA, the BOP adopted a Program Statement
relating to compassionate release. Program Statement No.
5050.50, Compassionate Release/Reduction in Sentence:
Procedures for Implementation of 18 U.S.C. §§ 3582
and 4205(g) (Jan. 17, 2019),
https://www.bop.gov/policy/progstat/ 5050050 EN.pdf. In
connection with requests for release based on death or
incapacity of a family member caregiver, it requires the
inmate, among other things, to submit to the warden
“verifiable medical documentation of the
incapacitation, ” as well as “[v]erifiable
documentation that the inmate is the parent of the
child”; “[v]erifiable documentation providing the
name and age of the child”; and “[a]uthorization
from the inmate for the BOP to obtain information or
documents from any individual, medical entity or doctor, or
any government agency about the inmate, family members, and
minor child.” Id. at ¶ (5)(a).
materials submitted to this court by the defendant do not
indicate that he has provided any of the above-described
materials to the warden. Accordingly, I cannot find that he
has adequately exhausted his administrative remedy. Moreover,
without such materials, this court would be unable to
properly consider his request for compassionate release.
See United States v. Heromin, No.
8:11-cr-550-T-33SPF, 2019 WL 2411311, at *2 (M.D. Fla. June
7, 2019); United States v. Gutierrez, No. CR 05-0217
RB, 2019 WL 1472320, at *2 (D.N.M. Apr. 3, 2019).
these reasons, the defendant's motion, ECF No. 264, is
DENIED without prejudice to the defendant's future
submission of a motion supported by the proper documentation,