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U.S. v. Raposo

Compassionate Release Denied; Compelling Reasons for Reduced Sentence Not Stated

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OPINION AND ORDER Defendant Alberto Raposo, a federal inmate serving a forty-three-year sentence for setting fire to a Manhattan building that took the life of a New York City firefighter, moves for the second time for compassionate release from prison under 18 U.S.C. §3582(c)(1)(A)(i). Dkt. 104 (“Motion”). On January 10, 2023, the Court denied Raposo’s prior motion for compassionate release upon concluding that Raposo failed to establish extraordinary and compelling reasons for a sentence reduction and further that no reduction of his sentence was warranted after consideration of the applicable factors under 18 U.S.C. §3553(a). United States v. Raposo, No. 98 Cr. 185 (JPC), 2023 WL 142786, at *5-8 (S.D.N.Y. Jan. 10, 2023). Now proceeding pro se, Raposo argues in his current Motion that extraordinary and compelling reasons exist for his early release because of, inter alia, the length of his sentence, his age and depression at the time of the offense, and his rehabilitation while incarcerated. In opposing the Motion, the Government argues that Raposo continues to not establish extraordinary and compelling reasons and that the relevant factors under Section 3553(a) still counsel against a sentence reduction. Dkt. 111 (“Opposition”). For the reasons that follow, the Court denies the Motion. I. Background A. Offense Conduct1 In 1994, Raposo, Hector Ruiz, and Abraham Delvalle were living together in a building at 79-81 Worth Street in Manhattan. PSR 6. On June 5 of that year, after a dispute between Ruiz and Raposo, Ruiz left the building with Delvalle. Id.

9, 11. Upon realizing that Ruiz and Delvalle had returned, Raposo began to set the building on fire. Id. 12. With Ruiz and Delvalle on the fifth floor, Raposo ignited the first fire in the building’s subcellar, proceeded to the fourth floor where he gathered his belongings and set more fires, and then set additional fires on the second floor, in the lobby, and to a pile of garbage in front of the building’s front door. Id.

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