ANTHONY 

vs. 

UNITED 

IN THE UNITED STATES DISTRICT COUR 

NORTHERN DISTRICT OF TEXAS 

FORT WORTH DIVISION 

STEVEN AGUILAR, § 

§ 

Movant, § 

§ 

\J.!1. Dlffrn!CT CUU\(T 

NOHT\JERN n1:-:-rn1CT DI' TEXMl 

JAN 2 1 2021 

Cl,FRK, \ J.S. nlST!HCT ('\)URT 

§ NO. 4:21-CV-011-A 

§ (NO. 4:05-CR-195-A) 

STATES OF AMERICA, § 

§ 

Respondent. § 

ORDER 

Came on for consideration the motion of movant, Anthony 

Steven Aguilar, for compassionate release. Movant says that he 

fears that underlying conditions place him at greater risk for 

developing a severe case of COVID-19. He says that he suffers 

from hypertension and hypertensive heart disease, 

osteoarthritis, and chronic constipation, and that he has 

undergone nasal surgery and two hernia operations. He also says 

that changes in the sentencing guidelines would have resulted in 

a lower guideline range if he were to be sentenced today. 1 The 

court, having considered the motion, the probation officer's 

worksheet, the government's response, the record in the 

underlying criminal case, and applicable authorities, finds that 

the motion should be denied. 

1 For that reason, the court had the probation officer prepare a worksheet to assist the court in determining whether 

relief should be granted on that basis. The probation officer determined that movant is not eligible for a sentence 

reduction based on amended guidelines. 

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A court may, on motion of the Director of the Bureau of 

Prisons or of the defendant after exhausting his administrative 

remedies, reduce or modify a term of imprisonment after 

considering the factors of 18 U.S.C. § 3553(a), if •extraordinary 

and compelling reasons warrant such a reduction." 18 U.S.C. § 

3582 (c) (1) (A). In commentary, the Sentencing Guidelines describe 

•extraordinary and compelling reasons" to include medical 

conditions such as terminal illness, serious deterioration in 

mental or physical health because of aging, and family 

circumstances such as incapacitation of the caregiver of 

defendant's minor children. USSG § 1B1.13 (policy statement). The 

Fifth Circuit has described these as •compassionate release 

claims." United States v. Chambliss, No. 19-50741, 2020 WL 

428933 (5th Cir. Jan. 28, 2020). Although the commentary also 

says that there can be •in the defendant's case an extraordinary 

and compelling reason other than, or in combination with, the 

reasons described in subdivisions (A) through (C) [medical and 

family reasons]," the court is not inclined to believe that such 

•other reasons" include the circumstances described by movant 

here. He simply wants relief from his lengthy sentence. 

If the court is mistaken and movant has spelled out 

extraordinary and compelling reasons for his early release, the 

court still would not reduce his sentence. Movant is only 47 

2 

Case 4:05-cr-00195-A Document 782 Filed 01/21/21 Page 2 of 4 PageID 5218
years of age and is serving a 360 month sentence. Movant's 

criminal history includes convictions for impersonating a public 

servant and assault causing bodily injury. Movant has not shown, 

and the court cannot find, that movant is not a danger to the 

safety of any other person or to the community, as provided in 

18 U.S.C. § 3142(g). USSG 1B1.13 (policy statement). Further, 

weighing the factors of 18 U.S.C. § 3553(a), the court is not 

inclined to grant relief. 

Immediate release of movant as he requests would not be in 

the interest of justice. Rather, it would minimize the 

seriousness of his crimes and conduct and encourage every other 

prisoner who could not obtain relief under 28 U.S.C. § 2255 to 

seek compassionate relief for extraordinary and compelling 

circumstances. See United States v. Cantu, No. l:05-CR-458-1, 

2019 WL 2498923, at *5 (S .D. Tex. June 17, 2019) (discussing 

appropriateness of relief where the determination is narrow and 

unlikely to have far-reaching implications)United States v. 

Nevers, No. 16-88, 2019 WL 7281929, at *5-6 (E.D. La. Dec. 27, 

2019) (same). 

3 

Case 4:05-cr-00195-A Document 782 Filed 01/21/21 Page 3 of 4 PageID 5219
The court ORDERS that movant•s motion for compassionate 

release be, and is hereby, denied. 

SIGNED January 21, 2021. 

States 

4 

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