UNITED STATES v. LEUNG (2021)

SUMMARY ORDER

Tony Leung appeals from a June 16, 2020 order denying his motion for a modification of his term of imprisonment under 18 U.S.C. § 3582(c)(1)(A)(i). We assume the parties’ familiarity with the underlying facts, procedural history, and specification of issues for review.

Defendants may seek discretionary modifications of their terms of imprisonment for “extraordinary and compelling reasons,” colloquially known as motions for compassionate release. 18 U.S.C. § 3582(c)(1)(A)(i). The Sentencing Guidelines prescribe specific grounds for granting such motions. See U.S.S.G. § 1B1.13, n.1(A). Previously, defendants were required to move for such relief before the Bureau of Prisons (“BOP”), which, in its discretion, would then present select applications to a district court. The district court made its decision before we issued United States v. Brooker, which held that the First Step Act not only changed this procedure by permitting defendants to independently bring compassionate release motions before a district court after exhausting administrative remedies, but also “freed district courts to exercise their discretion in determining what are extraordinary circumstances” when defendants bring such motions. 976 F.3d 228, 234 (2d Cir. 2020). Under these circumstances, we deem it appropriate to vacate and remand so that the distinguished district court can review the case in light of Brooker’s authority. At that time, the court will be free to consider any other facts which have arisen since his prior holding.

Accordingly, the order of the district court hereby is VACATED, and the case is REMANDED for further proceedings consistent with this order.