Fernandez v. United States · ¶24

Fernandez took the hint. Within two weeks, he fled a motion for compassionate release under § 3582(c)(1)(A)(i). See No. 1:10–cr–00863 (SDNY), ECF Doc. 248. He argued that extraordinary and compelling reasons—above all, that he was innocent—warranted a sentencing reduction. According to Fernandez, Darge's testimony was biased and uncorroborated by forensic evidence; moreover, his identification of Rivera as the getaway driver was inconsistent with a later statement made by Rivera himself. The Government had not turned over its notes on that statement, Fernandez asserted, and had allowed Rivera to plead guilty to a lesser charge.

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