USA v. Torres Villa

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
UNITED STATES OF AMERICA,
Plaintiff,
vs.
ANGELICA RAMOS TORRES
VILLA,
Defendant.
4:22-CR-3132
ORDER
The defendant has filed a pro se motion for compassionate release
pursuant to 18 U.S.C. § 3582(c)(1)(A), which permits a defendant (after
exhausting administrative remedies) to move for reduction of a term of
imprisonment based upon "extraordinary and compelling reasons." Filing 49.
The primary basis for the motion is that the father of the defendant's minor
children has allegedly been arrested for child abuse. See filing 49 at 17-18.
Among the "extraordinary and compelling reasons" that may merit a
sentence reduction are "incapacitation of the caregiver of the defendant's minor
child." U.S.S.G. § 1B1.13(b)(3)(A). Whether incarceration of a caregiver or
potential placement of a child in foster care may be "incapacitation" within the
meaning of § 1B1.13(b)(3)(A) is a question that has divided courts. See United
States v. Watson, No. 4:18-CR-40018, 2025 WL 2222987, at *3 (D.S.D. Aug. 5,
2025) (collecting cases); see also, e.g., United States v. Sierra-Serrano, No. 19-
CR-61-2, 2025 WL 2462904, at *2-3 (D. Minn. Aug. 27, 2025); United States v.
Whitted, No. 5:15-CR-372, 2025 WL 1944018, at *8 (E.D.N.C. July 15, 2025);
United States v. Foster, No. 5:18-CR-00472, 2024 WL 3715442, at *3 (N.D. Ohio
Aug. 8, 2024); United States v. Franco, No. 3:19-CR-371, 2024 WL 3363576, at
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*3 (N.D. Tex. July 9, 2024), aff'd, No. 24-10692, 2025 WL 573712 (5th Cir. Feb.
21, 2025); United States v. Ray, No. 3:19-CR-46, 2023 WL 3411024, at *2 (N.D.
Ind. May 12, 2023).
On its preliminary review of the defendant's motion—without deciding
that question—the Court finds the defendant has at least a colorable claim
under § 3582(c)(1)(A), and appointment of counsel would help the Court
determine whether the defendant merits relief under that section. Accordingly,
IT IS ORDERED:
1. The Federal Public Defender for the District of Nebraska is
appointed to represent the defendant for the limited purpose
of determining whether there are extraordinary and
compelling reasons to reduce the defendant's term of
imprisonment.
2. In the event the Federal Public Defender should decline this
appointment because of a conflict of interest or on the basis
of the Amended Criminal Justice Act Plan, the Federal
Public Defender shall provide the Court with a draft
appointment order (CJA Form 20) bearing the name and
other identifying information of the CJA Panel attorney
identified in accordance with the Amended Criminal Justice
Act Plan for this district.
3. The Office of U.S. Probation and Pretrial Services is
authorized to disclose Presentence Investigation Reports
and materials obtained from the Bureau of Prisons to the
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Federal Public Defender and the United States Attorney for
the purpose of evaluating the defendant's motion. The
Federal Public Defender shall provide the Presentence
Investigation Report to any subsequently appointed or
retained counsel. In accordance with the policy of the
Federal Bureau of Prisons, no Presentence Investigation
Report shall be provided to inmates.
4. The Office of U.S. Probation and Pretrial Services shall
promptly conduct a compassionate release investigation.
The compassionate release investigation report shall, when
complete, be filed as a restricted document in this case, and
be provided to counsel for the parties. The focus of the report
shall be determining the current state (if any) of criminal
prosecution of the minor children's father and custodial
placement of the minor children.
5. The government shall respond to the defendant's motion for
compassionate release within 28 days after the filing of the
compassionate release investigation report. The defendant
may file a reply brief within 14 days after the government's
response is filed, at which time the matter is submitted.
6. The Clerk of the Court shall set a case management deadline
for December 18, 2025 with the following docket text: Check
compassionate release investigation report.
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7. The Clerk of the Court shall provide a copy of this order to
Supervising U.S. Probation Officer Brandon Maxon.
Dated this 18th day of November, 2025.
BY THE COURT:
John M. Gerrard
Senior United States District Judge
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