BLD-123 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 20-3536 ___________ UNITED STATES OF AMERICA v. JORGE FIGUEROA, Appellant ____________________________________ On Appeal from the United States District Court for the Eastern District of Pennsylvania (D.C. Criminal No. 2-91-cr-00518-001) District Judge: Honorable Gerald J. Pappert ____________________________________ Submitted on Appellee’s Motion for Summary Action Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6 March 18, 2021 Before: AMBRO, SHWARTZ and PORTER, Circuit Judges (Opinion filed: March 30, 2021) _________ OPINION * _________ * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. PER CURIAM Pro se appellant Jorge Figueroa appeals from the District Court’s order denying his motion for compassionate release under 18 U.S.C. § 3582(c)(1). In 1991, Figueroa pleaded guilty in the Eastern District of Pennsylvania to a four-count indictment charging him with conspiracy to import and distribute cocaine, importation of cocaine, aiding and abetting the importation of cocaine, and interstate travel in aid of racketeering enterprises. The factual basis of his guilty plea included his statements to undercover agents regarding his efforts “to establish Philadelphia as a major port of entry for cocaine of the Cali cartel of [Colombia].” United States v. Figueroa, No. 91-518-01, 1992 WL 301285, at *3 (E.D. Pa. Oct. 14, 1992). The District Court imposed a life sentence, and this Court affirmed the District Court’s judgment. United States v. Figueroa, 8 F.3d 813 (3d Cir. 1993) (TABLE). In 1996, Figueroa filed a motion under 18 U.S.C. § 3582(c)(2) to reduce his sentence based on Amendment 505 to the Sentencing Guidelines. The District Court denied the motion, because the amendment had no impact on his base offense level or resulting sentence. United States v. Figueroa, No. 91-518-1, 1996 WL 426690, at *1 (E.D. Pa. July 29, 1996). In 2019, Figueroa filed another § 3582(c)(2) motion, this time based on Guidelines Amendment 782. The District Court determined that Amendment 782 reduces Figueroa’s Guideline range to 360 months to life in prison but concluded that no sentence reduction was warranted after consideration of the relevant factors of § 3553(a). Thus, on January 30, 2019, the District Court denied Figueroa’s motion, and Figueroa did not appeal. 2 In June 2020, after unsuccessfully pursuing relief with the Bureau of Prisons, Figueroa filed a pro se motion seeking compassionate release under 18 U.S.C. § 3582(c)(1)(A)(i) for “extraordinary and compelling reasons.” He presented information concerning his various medical conditions and other factors, including the time already served (nearly 30 years), his age (60 years old), his family support, and the non-violent nature of his offenses. On June 30, 2020, citing its Administrative Standing Order—In re Section 603(b) Relief under First Step Act (E.D. Pa. May 15, 2019), the District Court referred Figueroa’s pro se motion to the Federal Community Defender Office to determine whether it would represent Figueroa. The Federal Defenders accepted the appointment and filed another § 3582(c)(1)(A)(i) motion and supporting memorandum on Figueroa’s behalf. Through …
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