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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

UNITED STATES OF AMERICA,

v.

DEMETREAS ANTONIO WATIER,

Defendant.

Case No.: 3:16-cr-00026-AN-1

OPINION AND ORDER 

On March 27, 2023, defendant Demetreas Antonio Watier filed this Motion to Reduce 

Sentence and Motion to Appoint Counsel, ECF [114]. Defendant moves this court, for a second time, for 

compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A)(i) and requests appointment of counsel "[d]ue 

to the complexities presented in this motion and the fact intensive inquiry in resolving such complexities."

For the reasons set forth below, both motions are DENIED.

LEGAL STANDARD

Under 18 U.S.C. § 3582(c)(1)(A)(i), this Court may modify a term of imprisonment that 

has already been imposed through compassionate release when four conditions are met: (1) The defendant 

has fully exhausted all administrative remedies; (2) extraordinary and compelling reasons warrant a 

sentence reduction; (3) the reduction is "consistent with applicable policy statements issued by the 

Sentencing Commission"; and (4) the reduction is warranted after consideration of the applicable factors 

outlined in 18 U.S.C. § 3553(a). The defendant bears the burden of proving that each condition is met. 18 

U.S.C. § 3582(c)(1)(A). The government concedes that defendant has exhausted his administrative 

remedies.

DISCUSSION

Defendant is currently serving a 175-month sentence for conspiracy to distribute controlled 

substances. J. & Commitment [ECF 63] at 1-2. He was sentenced on July 28, 2016, and is currently

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incarcerated at FCI Sheridan. Defendant is set to be released on February 22, 2029. By entering into a plea 

agreement, defendant agreed that he is a career offender and that "a firearm was present and connected with 

defendant's drug distribution conspiracy." Plea Agreement ECF [44] ¶¶ 6, 10(A).

Defendant previously filed a motion for compassionate release in November 2020, ECF 

[99]. Judge Mosman denied that motion in January 2021, ECF [107]. In his November 2020 motion,

defendant alleged that his obesity, hypertension, and breathing issues made him particularly vulnerable to 

health complications or death if he contracted COVID-19. At the time, the government conceded that 

defendant "ha[d] some conditions that qualif[ied] as extraordinary and compelling," and Judge Mosman 

agreed. Although the nature of the COVID-19 pandemic has improved since defendant's last motion for 

compassionate relief, this Court does not find it necessary to determine whether defendant's health 

conditions still constitute extraordinary and compelling reasons to justify compassionate release.

In reviewing a motion for compassionate release, this court must consider, among other 

factors, the need for the sentence imposed "(A) to reflect the seriousness of the offense, to promote respect 

for the law, and to provide just punishment for the offense[,] (B) to afford adequate deterrence to criminal 

conduct[,] [and] (C) to protect the public from further crimes of the defendant[.]" 18 U.S.C. § 

3553(a)(2)(A)-(C). Judge Mosman denied defendant's November 2020 motion for compassionate relief 

due to the nature of the crime and the low percentage of time served. Defendant's present motion for 

compassionate relief provides no new reasons for why these factors should be assessed differently at this 

time.1 Defendant's underlying offense was very serious: while on probation for a 2014 conviction for 

delivery of controlled substances, defendant admitted to selling drugs, to owning two kilograms of cocaine 

and multiple pounds of methamphetamine, and to owning a handgun that he obtained to protect himself in 

the narcotics business. Defendant has served just under seven years of his sentence and has approximately 

1 One of defendant's arguments, that one of the three convictions that was used to classify him as a career offender 

was made by a non-unanimous jury, was already raised and considered in defendant's November 2020 motion for 

compassionate release. Defendant also raises arguments regarding the conditions of confinement at FCI Sheridan. 

However, this Court has serious concerns about the accuracy of these allegations because it appears that defendant 

has utilized a prior motion filed by a different defendant, and merely inserted his own name in place of the other 

defendant.

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five years and eight months remaining on his sentence. Given the nature of defendant's crime and the 

amount of time remaining on defendant's sentence, and the lack of new reasons for granting compassionate 

release, the Court finds that the factors outlined in 18 U.S.C. § 3553(a) still weigh against granting

compassionate release. 

Because defendant has not demonstrated a likelihood of success on the merits, his motion 

for appointment of counsel is denied.

CONCLUSION

Accordingly, defendant's Motion to Reduce Sentence and Motion to Appoint Counsel, ECF 

[114], are DENIED. 

IT IS SO ORDERED.

DATED this 8th day of June, 2023.

______________________

Adrienne Nelson

United States District Judge

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