U.S. v. Von Vader

Dist. Ct. did not err in denying defendant’s request for compassionate release under 18 USC section 3582(c)(1), where: (1) defendant alleged that his 270-month sentence on drug distribution charge that was imposed in 2000 and was based, in part, on finding that he was career offender for purposes of section 4B1.1 of USSG, was improper under U.S. Supreme Court precedent that was decided in 2015 and 2016; and (2) Dist. Ct., in 2255 petition filed by defendant in 2017, denied defendant collateral relief with respect to his sentence, after finding that defendant's petition was untimely, and that defendant had failed to meet requirements for equitable tolling of time limit set forth in section 2255(f). Instant legal contest regarding defendant’s sentence must be resolved by either direct appeal or section 2255 petition, and not by seeking compassionate relief under section 3582(c). Moreover, while defendant argued that Sentencing Commission staff improperly failed to timely alert him to said Supreme Ct. precedent for use in any section 2255 petition, prisoners like defendant do not have any right to legal assistance in initiating request for collateral relief. Also, section 3582(c) is not means to obtain indirect review of Dist. Ct.’s prior ruling in section 2255 action that defendant was not entitled to equitable tolling of statutory time limit.