Order On Compassionate Release For Trent.pdf

# United States District Court Order on Compassionate Release

## Background

This case involves a motion for compassionate release filed by Defendant Trent (Case No. 16-cr-00178-CRB-1). The court previously received the Government's opposition to this motion and considered the arguments presented.

The key issues revolve around the enforceability of a waiver in Trent's plea agreement regarding compassionate release under 18 U.S.C. § 3582, and whether he has exhausted his administrative remedies.

## Analysis

1. Enforceability of Waiver:

- The Government argues that Trent waived his right to seek compassionate release due to a clause in his plea agreement stating he would not pursue relief under § 3582.
- However, such waivers are only enforceable if (1) the language encompasses the sought-after relief and (2) the waiver was made knowingly and voluntarily. (United States v. Charles, 581 F.3d 927, 931 (9th Cir. 2009)).
- The court finds that the waiver language does not apply here because § 3582(c)(1)(A), which allows criminal defendants to move for compassionate release, did not exist at the time Trent pled guilty.

2. Knowledgeable Waiver:

- Given that Trent could not have reasonably understood his plea agreement to waive a right that did not yet exist, it is clear he did not knowingly waive his right to seek compassionate release.

3. Exhaustion of Administrative Remedies:

- The Government asserts that Trent has not exhausted his administrative remedies because there's no confirmation from the Bureau of Prisons (BOP) regarding an earlier compassionate release request.
- However, Trent declares that he did submit such a request, and the court credits this representation as it is based on direct knowledge.

4. Conclusion:

- Based on the above analysis, the court declines to modify or withdraw its previous order granting Trent's motion for compassionate release.
- Trent will be released from BOP custody at 5:00 PM PDT on April 9, 2020.