Opinion
Case No. 18-cr-60178-BLOOM
04-06-2021
UNITED STATES OF AMERICA, Plaintiff, v. ELYSE DORVIL, Defendant.
Copies to: Elyse Dorvil, pro se 18964-104 Coleman Low Federal Correctional Institution Inmate Mail/Parcels Post Office Box 1031 Coleman, Florida 33521
ORDER ON MOTION FOR RECONSIDERATION
THIS CAUSE is before the Court upon Defendant's Amended Motion for Compassionate Release Through Reconsideration, ECF No. [48] ("Motion"). The Court has carefully considered the Motion, the record in this case and the applicable law, and is otherwise fully advised. For the reasons that follow, the Motion is denied.
On January 25, 2021, the Court denied Defendant's Motion for Compassionate Release, finding that the § 3553(a) factors did not weigh in favor of release and that Defendant failed to demonstrate extraordinary and compelling reasons based upon his underlying health conditions to support his request for compassionate release. See ECF No. [47] ("Order"). In the Motion, Defendant requests that the Court reconsider the § 3553(a) factors and his health conditions and find that compassionate release is warranted in his case.
A motion for reconsideration requests that the Court grant "an extraordinary remedy to be employed sparingly." Burger King Corp. v. Ashland Equities, Inc., 181 F. Supp. 2d 1366, 1370 (S.D. Fla. 2002). A party may not use a motion for reconsideration to "relitigate old matters, raise argument or present evidence that could have been raised prior to the entry of judgment." Wilchombe v. TeeVee Toons, Inc., 555 F.3d 949, 957 (11th Cir. 2009) (quoting Michael Linet, Inc. v. Vill. of Wellington, Fla., 408 F.3d 757, 763 (11th Cir. 2005)). Within this framework, however, a court may grant reconsideration when there is (1) an intervening change in controlling law, (2) the availability of new evidence, or (3) the need to correct clear error or prevent manifest injustice. Hood v. Perdue, 300 F. App'x. 699, 700 (11th Cir. 2008). Thus, a motion to reconsider is "appropriate where, for example, the Court has patently misunderstood a party, or has made a decision outside the adversarial issues presented to the Court by the parties, or has made an error not of reasoning but of apprehension." Kapila v. Grant Thornton, LLP, No. 14-61194-CIV, 2017 WL 3638199, at *1 (S.D. Fla. Aug. 23, 2017) (quoting Z.K. Marine Inc. v. M/V Archigetis, 808 F. Supp. 1561, 1563 (S.D. Fla. 1992) (internal quotation marks omitted). A motion for reconsideration "is not an opportunity for the moving party . . . to instruct the court on how the court 'could have done it better' the first time." Hood, 300 F. App'x at 700 (citation omitted). "[T]he movant must do more than simply restate his or her previous arguments, and any arguments the movant failed to raise in the earlier motion will be deemed waived." Compania de Elaborados de Cafe v. Cardinal Cap. Mgmt., Inc., 401 F. Supp. 2d 1270, 1283 (S.D. Fla. 2003).
Upon review, the Motion must be denied because Defendant fails to set forth any ground warranting reconsideration. The Motion amounts to no more than disagreement with the Court's reasoning and ultimate conclusions in the Order, which is not a proper basis for reconsideration. See Z.K. Marine Inc, 808 F. Supp. at 1563 ("It is an improper use of the motion to reconsider to ask the Court to rethink what the Court already though through—rightly or wrongly.") (citation and alterations omitted); see also Roggio v. United States, 2013 WL 11320226, at *1 (S.D. Fla. July 30, 2013) ("[W]hen there is mere disagreement with a prior order, reconsideration is a waste of judicial time and resources and should not be granted.") (internal citation and quotations omitted). In addition, Defendant raises the same arguments as in his original Motion for Compassionate Release, ECF No. [43], and expands upon those arguments. However, those are the same arguments that the Court has already considered and rejected in its Order.
Accordingly, Plaintiff's Motion, ECF No. [48], is DENIED.
DONE AND ORDERED in Chambers at Miami, Florida, on April 6, 2021.
/s/ _________
BETH BLOOM
UNITED STATES DISTRICT JUDGE Copies to: Elyse Dorvil, pro se
18964-104
Coleman Low
Federal Correctional Institution
Inmate Mail/Parcels
Post Office Box 1031
Coleman, Florida 33521