Updated Compilation of Compassionate Release Grants

The Federal Docket

December 11, 2020

Updated September 27, 2021 – The Compilation has been updated to include cases involving inmates that have already been vaccinated or refuse to get vaccinated and cases where an inmate has been granted compassionate release while on home confinement.

Attorney Tom Church has compiled a list of Compassionate Release grants and some of the key findings and information in the corresponding opinions. The list includes grants of release for inmates with specific medical conditions, inmates who have already tested positive for COVID-19 and/or recovered, inmates released from facilities that are reporting zero confirmed cases, and inmates whose request is based, not on COVID-19 risks, but on their family circumstances or excessive sentences.

This list has been designed for lawyers to find favorable opinions to cite in their motions based on the specific facts of their case. Lawyers can click on different categories of cases to jump to those sections of the list, or they can search for cases by keyword in order to find orders from a particular district or involving a particular BOP facility. A key has been provided under the list of categories.


Medical Condition – to find cases where inmates are released based on pre-existing conditions that make them more vulnerable to COVID-19

COVID-19 Positive/Recovered – to find cases where the inmate has already tested positive for COVID-19 or already recovered

COVID-19 Vaccinated – to find cases where inmates have been released based on COVID-19-related concerns despite already receiving vaccination or refusing to be vaccinated

No Medical Condition – to find cases where inmates were released despite not having any pre-existing conditions

No Confirmed Cases – to find cases where inmates were released from facilities without any confirmed COVID-19 cases

Mental Health – to find cases where inmates were released based on mental health conditions

Short Time Served – to find cases where inmates were released after serving relatively short portions of their sentences or where the offender has not yet started serving their sentence.

Family Circumstances – to find cases involving family circumstances or where the inmate was the only caregiver for a family member

Excessive Sentence – to find release cases based on excessive sentences, you can also search by the charge of conviction, i.e. “924(c)”, “851”, or “mandatory minimum”

Circuit Opinions – to find appellate decisions

1B1.13 Policy Statement – to find cases discussing the criteria for “extraordinary and compelling reasons” under USSG 1B1.13

Request to Warden – to find cases where courts construe an inmate’s informal or defective request as sufficient under 3582(c)(1)(A)’s exhaustion requirement

Not In Custody – to find cases where courts have modified sentences for inmates on home confinement or at halfway houses

Unopposed Motions – to find cases where the government consented

Catch-all – to find cases involving sentence reductions that do not result in inmates being immediately released


[By condition] – search by the name of the condition (i..e diabetes, obesity, etc)

[By facility] – search by the name of the facility (i.e. Butner, Coleman, Lompoc)

[By district] – search by judicial district (i.e. N.D. Ga., D.S.C., S.D. Fla.)

[DOJ] – to find cases discussing the DOJ’s policy on what constitutes “extraordinary and compelling reasons” under 1B1.13

[Exhaustion] – to find cases discussing the issue of the exhaustion requirement under 3582(c)(1)(A)

[1B1.13] – to find cases discussing the applicability of U.S.S.G. 1B1.13

[3553] – to find cases discussing the applicability of the 3553(a) factors, you can also search by “deter” or “criminal history” or “danger”

Other suggestions – rehabilitation, danger, mandatory minimum, mandatory guidelines, criminal history, detainer


United States v. Ramos, 2020 WL 7247208, at *1 (N.D. Cal. Dec. 9, 2020)

  • FCI Dublin
  • Tax fraud, 60 months, has served 20 months; 30%, release date is August 2023
  • 50 years old, high blood pressure, obesity, diabetes, high cholesterol
  • Three 3553(a) factors weigh in favor of release over time served
    • Medical care
    • No need to protect public
    • Not just punishmentt

United States v. Page, 2020 WL 7258034, at *1 (D. Conn. Dec. 10, 2020)

  • His documented medical conditions include being diagnosed with an aortic aneurysm; needing to use proton-pump inhibitors to treat gastroesophageal reflux disease; sleep apnea (which can lead to the development of cardiac arrhythmia, heart attack and stroke); and being overweight
  • Given the defendant’s personal growth and change of outlook since he committed the offense conduct in the 2017 Case and his combination of medical conditions, the court believes that a sentence of time served would be appropriate after considering the applicable factors set forth in 18 U.S.C. § 3553(a).

United States v. Pacheco, 2020 WL 7261109, at *1 (D. Minn. Dec. 10, 2020)

  • 90 months
  • FCI Victorville Medium II
  • Release date of 2024, sentenced in 2018
  • Former smoker, mental health, obesity

United States v. Villa-Valencia, 2020 WL 7263894, at *1 (D. Kan. Dec. 10, 2020)

  • 78 months, release date September 2021
  • Government does not oppose
  • Immigration detainer
  • 36 years old, HIV, hypertension
  • Great Plains Correctional Institution
  • But the court’s analysis today is not necessarily identical to its earlier application of § 3553(a) to Mr. Villa-Valencia. The court does not hold its analysis of each of the sentencing factors static across time. Rather, today the court considers certain non-static § 3553(a) factors when ruling on a motion under § 3582(c)(1)(A), it takes into account facts and circumstances that have emerged since the court’s original sentencing decision

United States v. Collins, 2020 WL 7263896, at *1 (D. Kan. Dec. 10, 2020)

  • FCI Butner Medium I
  • Diabetes, chronic kidney failure, hypertension, minority race, prior COVID-19 infection
  • In an unpublished decision, the Tenth Circuit implicitly recognized that in addition to the BOP, courts now can make such a determination
    • Finds extraordinary and compelling reasons under catch-all
  • 292 months for drugs, has served 122 months
    United States v. Edwards, 2020 WL 7263880, at *1 (D. Kan. Dec. 10, 2020)
  • FCI Beaumont Low, now in community confinement at RRM
  • 48 months for drugs (marijuana), release date February 2021
  • Hypertension and seizure condition

United States v. Cano, 2020 WL 7415833, at *4 (S.D. Fla. Dec. 16, 2020)

  • Among the several reasons advanced by Defendant, the Court first focuses on two she declined to entertain when deciding Defendant’s pro se Defendant explains (1) there are two serious issues with his Judgment and (2) none of his Co-Defendants received the sentence he received — a life sentence
  • Granting reconsideration based on manifest injustice, can now recognize extraordinary and compelling reasons based on discretion Brown v. United States, 2020 WL 7425328, at *1 (D. Md. Dec. 17, 2020)
  • 71 years of age, has been incarcerated since May 2000. He is serving a sentence of life plus 30 years for drug trafficking and related offenses, imposed in August 2001 by Judge Andre Davis. ECF 175.2At the time, that sentence was mandatory
  • Violent and drug crimes

United States v. Marty, 2020 WL 7425338, at *1 (E.D. Cal. Dec. 18, 2020)

  • 120 months for tax fraud
  • Obesity, asthma, in her 60s, former smoker
  • FCI Dublin
  • Release date is December 2025 (served 35%)

United States v. Rios, 2020 WL 7246440, at *1 (D. Conn. Dec. 8, 2020)

  • Severe obesity, severe and uncontrolled hypertension, asthma and related lung ailments, and arthritis
  • Life sentence for Latin Kings RICO involving murder; has served. 317 months (26 years)
  • Victorville USP
  • Cites disciplinary record and rehabilitation
    • Factoring in Mr. Rios’s rehabilitation and relatively negligible disciplinary record for twenty-six years, his continued risk to the public if released appears to be markedly reduced as recidivism declines with age, particularly when tempered by significant rehabilitation
  • Cites mandatory guidelines
  • String cite of other defendants convicted of both capital and other violent crimes and sentenced to life have been released by district courts in light of the pandemic.

United States v. Bland, 2020 WL 7237936, at *1 (N.D. Ind. Dec. 9, 2020)

  • Ashland FCI
  • 111 months, has served 82 months, release date January 2022
  • 45 years old, diabetes, hypertension, removal of spleen
    • Diabetes – Dr. Edelman explains that death from COVID-19 infection is more likely for those with diabetes because viral infection makes them more susceptible to pneumonia, kidney failure, and diabetic ketoacidosis. It remains especially critical that persons with type 2 diabetes have access to the best resources to manage glucose levels, observe social distancing measures, frequently clean, wear masks, and wear plastic gloves when they might be exposed to virus-laden surfaces
  • Detainer – will go to county jail, but cites less cases there
    • Ordering his release, even under these circumstances, thus proves the greater benefit.
    • 3553 – If federal sentencing presumes that incarceration will have deterrent and rehabilitative effects, then the court should not assume that 82 months of service have had no corrective effect on Mr. Bland to date
      • Was least culpable
    • As he sits on the eve, a mere six months away, as a candidate for release to a halfway house, one must ask whether service of six more months or even twelve more months meaningfully fosters federal sentencing goals in counterbalance to the extraordinary and compelling risks he faces of COVID-19 complications. The answer: it doesn’t.

United States v.  Hansen, 2020 WL 7240390, at *1 (W.D. Tex. Dec. 9, 2020)

  • 120 months for child pornography
    • Has served 90%
    • Specifically, the Court noted that Defendant: (1) did not engage in any predatory action, (2) did not create MISEC or participate in the activities depicted therein, (3) did not actively distribute MISEC, (4) cooperated with investigating agents, and (5) immediately accepted responsibility for his actions
    • Relatedly, a modest reduction of Defendant’s sentence will not minimize the seriousness of his offense or otherwise frustrate the purpose of the sentencing guidelines
  • FCI Texarkana
  • Debilitated immune system due to splenectomy, chronic sinus infections
  • Strong release plan
  • Organ transplant are at risk of severe illness per CDC

United States v. Mays, 2020 WL 7239530, at *1 (S.D. Ind. Dec. 9, 2020)

  • 180 months after reduction from 300 for crack and firearm
    • Served 90%, release for home confinement in January 2021
  • FPC Yankton
  • Obesity and diabetes
  • Low risk of recidivism and minimum security

United States v. Pierce, 2020 WL 7406794, at *1 (D. Nev. Dec. 14, 2020)

  • 121-months imprisonment for child pornography, release date in 2023
  • FCI Lompoc
  • Type 2 diabetes, hypertension, hyperlipidemia, hyperthyroidism, chronic kidney disease

United States v. Epps, 2020 WL 7332854, at *1 (D. Conn. Dec. 14, 2020)

  • Brooklyn MDC
  • Has served 30 months of 40 month sentence
  • Obesity, hypertension, asthma

United States v. Cervantes, 2020 WL 7353913, at *1 (D.N.M. Dec. 15, 2020)

  • 60 months, has served 40 months
  • FCI Mendota
  • Obesity, HPV, lymphatic swelling

United States v. Way, 2020 WL 7397796, at *1 (E.D. Pa. Dec. 17, 2020)

  • 54 years old, pulmonary sarcoidosis and hypertension, prednisone suppresses immune system
  • FCI Schuylkill
  • Has served 12 years, only 1 year left
    • Way’s crimes were serious, but the commission of serious crimes does not foreclose the possibility of compassionate release when, as here, the term already served has achieved the purposes of sentencing

United States v. Gravens, 2020 WL 7390514, at *2 (D.S.D. Dec. 16, 2020)

  • Seagoville
  • 180 months for sex trafficking, mandatory minimum, has 6 years left
  • Hypertension, COPD, sleep apnea, hyperlipidemia
  • The criminal statute mandated a mandatory minimum sentence, but this is just one factor for the court to consider at this point

United States v. Eck, 2020 WL 7390516, at *2 (D.S.D. Dec. 16, 2020)

  • FCI Mendota
  • Sentenced to 108 months for meth, reduced to 48 months, served 40% and has 2 years left
  • Type 2 diabetes, hyperlipidemia, hypertension, rhinitis, asthma
    • Worsening diabetes and neuropathy

United States v. Greenhow, 2020 WL 7384721, at *1 (D.N.J. Dec. 16, 2020)

  • 120 months for heroin, two years left
  • FCI Allenwood
  • 46 years old, obesity, asthma

United States v. Smith, 2020 WL 7407489 (W.D. Va. Dec. 17, 2020)

  • Served 17 years for drug trafficking, got 300 months, release date in 6 years
  • Low Butner
  • Skin cancer, heart attack

United States v. Turner, 2020 WL 7397016, at *1 (W.D. Wash. Dec. 17, 2020)

  • FCI Sheridan
  • Sentenced to 60 months, has served about 3 years, release date May 2022
  • 52 years old, black, hypertension, obesity, arthritis, kidney, pre-diabetes, heartbeat, sleep apnea
  • 3553 – completed RDAP, CHC 1, only misdemeanor conviction in 10 years prior

United States v. Vondette, 2020 WL 7402133, at *1 (E.D.N.Y. Dec. 17, 2020)

  • 360 months, has served 23 years, international drug conspiracy
  • FCI Sheridan
  • 70 years old, COPD, tachycardia, hepatitis

United States v. Parsons, 2020 WL 7181119, at *1 (E.D. Pa. Dec. 7, 2020)

  • 41 years old, obesity, a former smoker, has chronic lower back pain, and has sarcoidosis
    • Sarcoidosis is an inflammatory disease that affects the lungs
    • People with damaged or scarred lung tissue from conditions like sarcoidosis “might be at an increased risk for severe illness.
  • FCI Fort Dix
  • Release date is February 2024, has served 6 years

United States v. Rivera, 2020 WL 7188418, at *1 (D. Conn. Dec. 7, 2020)

  • Allenwood Medium, release date is October 2021, served about 3 years of 4-year sentence
  • Obesity, hyperthyroidism
  • As noted above, numerous courts have held that, during the COVID-19 pandemic, the impending end of an inmate’s sentence helps constitute an “extraordinary and compelling” reason to grant that inmate’s motion for compassionate release

United States v. Davis, 2020 WL 6785351, at *1 (D. Md. Nov. 18, 2020)

  • 121 months, has served 68 months, projected release in 2023
  • FCI Fort Dix
    • “COVID-19 presents a significant threat to the health and safety of Davis and the other inmates at FCI-Fort Dix, and further reductions in the population would advance the safety of the remaining inmates”
  • 52 years old, lupus, but no formal diagnosis (hard to diagnose), autoimmune disorders, high blood pressure
    • Does not find him specifically at high risk, but does find it is reasonable to think he would be hit harder than others, especially with medical resources stretched thin at Fort Dix
  • 3553 – armed robbery but not other criminal history
    • “Davis and all inmates, particularly those in prisons such as FCI-Fort Dix with a significant outbreak of COVID-19, have faced substantially more severe conditions during the COVID-19 pandemic than were contemplated at the time of sentencing, both because of the specter of contracting COVID-19 and the more significant restrictions that the BOP has had to institute in its efforts to control the pandemic, including curtailing prison programs, greater restrictions on movement, and suspension of visitation for a lengthy period of time. The actual severity of Davis’s sentence, because of the COVID-19 outbreak, exceeds what the Court anticipated at the time of sentencing.”

United States v. Janzen, 2020 WL 7122845 (W.D. Wash. Dec. 4, 2020)

  • Projected release June 2023, mandatory minimum of ten years, served six
  • Obesity, asthma, chronic knee pain

United States v. Weikel, 2020 WL 6701914, at *1 (E.D. Mich. Nov. 13, 2020)

  • 2017 pleaded to transport CP; eight year sentence
  • FCI Fort Dix, scheduled for release June 2023
  • 68 years old, heart failure, atrial fibrillation, heart attack in 2019
  • Has sought treatment but can’t get it
    • “The Government’s claim in its most recent filing—that Weikel declined to receive sex offender treatment at FCI Fort Dix—is misleading. No sex offender treatment programs are offered at Fort Dix”
  • Cites “proposed release plan, which involves him living alone and attending an eighteen to twenty-four month sex-offender treatment program that is similar to the program offered by the BOP.

United States v. Rinehults, 2020 WL 6532826, at *1 (E.D. Va. Nov. 5, 2020)

  • 121 months for CP, half consecutive to state sentence
  • Unopposed motion
  • FCI Danbury
  • Hypertension, 77 years old, leukemia, kidney stones
    • BP high despite medication
    • Still in treatment for leukemia, immune system compromised
  • Has less than 2 years on sentence, low risk of recidivism
  • 3553 – finding that “having Defendant remain in custody while living in fear of contracting a serious illness due to COVID-19 will not promote respect for the law nor protect the public”

United States v. Jansen, 2020 WL 6946504, at *1 (S.D. Ind. Nov. 25, 2020)

  • FCI Fort Dix
  • 180 months for advertising CP as member of CP website, distribution
  • Has served 11 years, release date is December 2021
  • “The Government notes that Mr. Jansen has not participated in a sex offender treatment program, but no doubt that is due to there being no such programming offered at Fort Dix”
  • Obesity

United States v. Patterson, 2020 WL 6485102, at *1 (E.D. Wis. Nov. 4, 2020)

  • 108 months, FCI Williamsburg, projected release December 2021
  • In the context of the COVID-19 pandemic, courts have found that modification may be warranted if the prisoner demonstrates that he is particularly vulnerable to the virus based on his age, health status, or other specific circumstances;3on the other hand, courts have tended to deny compassionate release requests based on general concerns about possible exposure in prison
  • Hypertension, cites CDC and Dr. Barbara Benjamin as expert
    • The CDC (Centers for Disease Control) list hypertension as a risk factor for more severe outcomes with COVID-19. High blood pressure can damage the body in many ways. It can seriously hurt the heart, arteries, brain, kidneys, and eyes. Hypertension is also associated with inflammation; this virus causes inflammation in the body and is thought to be associated with stroke and inappropriate clotting. Having hypertension has been associated in multiple studies with severe disease in hospitalized patients with COVID-19.
    • It is my medical opinion, based on review of his medical records that Mr. Patterson is at higher risk for serious infection from COVID-19. Therefore, I recommend that he be removed from prison and transferred to a lower risk setting while this pandemic is active.
  • “As I have noted in other cases, rigid rules have no place in the compassionate release context”
  • Defendant also cites a recent study by the Sentencing Commission indicating that prisoners released early under the “Drugs Minus Two” guideline amendment did not re-offend at higher rates than similarly situated prisoners who served out their sentences (R. 265 at 13), as well as Commission research indicating that persons like him with zero criminal history points re-offend at very low rates, as do persons in his age group (R. 265 at 14). Finally, defendant indicates that he has a solid release plan, proposing to live with his wife and son. (R. 265 at 15.)
  • “Significantly, granting defendant’s motion at this point, with barely a year left on his 9-year term (less than that if one counts anticipated pre-release halfway house time), produces a minimal reduction. The result may have been different had defendant moved after serving but a fraction of the prison term the court deemed necessary.”

United States v. Rhashi, 2020 WL 6494153, at *1 (E.D. Wash. Nov. 4, 2020)

  • 33 months for failure to register as sex offender, had about 5 months left
  • 55 years old, type 2 diabetes, obesity, COPD, high blood pressure
  • Weighing the benefit or need for approximately five more months of incarceration against the risks of serious complications from COVID-19, given Defendant’s particular health profile, the Court finds that relief is warranted for Defendant under 18 U.S.C. § 3582(c)(1)(A).

United States v. Stolarz, 2020 WL 7230680, at *1 (S.D.N.Y. Dec. 8, 2020)

  • FCI Allenwood Medium
  • 80 years old, cardiovascular disease, hyperlipidemia, hypertension
  • 151 sentence for bank robbery, release is February 2022
  • Cites extraordinary rehabilitation in prison, letters of support from Arch-bishop

United States v. Fields, 2020 WL 7225775, at *1 (E.D. Mich. Dec. 8, 2020)

  • 180 months for felon in possession
  • ACCA sentence got him mandatory minimum
  • FCI Jesup, served over 60%, release date is June 2024
  • Hypertension, diabetes, overweight

United States v. Manzano, 2020 WL 7223301, at *1 (E.D. Mich. Dec. 8, 2020)

  • FCI Danbury
  • 84 months for healthcare fraud, serving since November 2018, release date November 2023
  • 72 years old, non-violent, first time offender
  • Diabetes, hypertension, low heart rate, arthritis, shortness of breath, depression
  • In Gardner, the district judge rejected the Government’s argument that release after only serving 1-year of a 52-month sentence precluded compassionate release. Gardner, 2020 U.S. Dist. LEXIS 129160, *23-24.
  • The Gardnercourt reasoned that while “[i]t may be that serving out [the defendant’s] entire sentence would have a greater deterrent effect, [ ] a longer sentence would also have a greater potential for exposing a particularly vulnerable prisoner to the coronavirus, and the Court must weigh the value of deterrence against increasing the threat of a possibly lethal infection.”  The Gardner court concluded that in balancing the circumstances before it, “deterrence weighs less.” Id. Here, the risk of exposure to Defendant, who is likewise a particularly vulnerable prisoner to COVID-19, outweighs the value of deterrence.

United States v. Rosas, 2020 WL 7226438, at *1 (S.D. Cal. Dec. 8, 2020)

  • 120 months, mandatory minimum for drugs
  • FCI Terminal Island, release date is April 2027, has served about two years
  • Hypertension, heart disease, diabetes, hyperlipidemia, morbid obesity
  • 3553 – would be eligible for safety valve under today’s law

United States v. Davis, 2020 WL 7138645, at *1 (S.D. Ind. Dec. 7, 2020)

  • FCI Terre Haute
  • 120 months for meth, release date April 2024, in jail since 2015
  • Obesity, former smoker, hypertension
  • Rejected plea waiver for filing First Step Act motion, FSA was amended after
  • Davis signed his waiver well before enactment of the First Step Act. Therefore, he did not knowingly and voluntarily waive the right to file a compassionate release motion, and the Court will proceed to the merits of Mr. Davis’s motion

United States v. Crowe, 2020 WL 7185648, at *2 (E.D. Mich. Dec. 7, 2020)

  • USP Terre Haute
  • Release date April 2021, extensive criminal history
  • Latent tuberculosis, hyperlipidemia, obesity
    • Like COVID-19, tuberculosis (“TB”) typically affects the lungs and is transmitted through airborne droplets
    • Several courts, including this one, have recognized latent tuberculosis as a condition that is alone sufficient to constitute extraordinary and compelling circumstances when coupled with the heightened risk of catching COVID-19 in prison settings
  • About half of those who develop TB do so within two years of being infected. This statistic is particularly relevant for Crowe, who was diagnosed and prescribed medication within the last year.
  • Moreover, Crowe’s many accomplishments in prison far outweigh his limited disciplinary record.

United States v. Janies, 2020 WL 7213820, at *2 (D.S.D. Dec. 4, 2020)

  • FCI Beaumont Low
  • Release date March 2024, has served 45.3%
  • 61 years old, diabetes, COPD, asthma, hypertension, hyperlipidemia, reflux, obesity, arthritis, missing part of lung

United States v. Ramos, 2020 WL 7128967, at *1 (S.D.N.Y. Dec. 4, 2020)

  • 120 months for drugs
  • Colon cancer survivor
  • USP Hazelton, release to RRC in December 2020
  • 46 years old, hypertension, asthma, obesity

United States v. Hiller, 2020 WL 7129268, at *1 (D. Md. Dec. 4, 2020)

  • FCI Allenwood Low
  • 40 month sentence for drugs as pharmacist, served almost 2 years
  • 65 years old, hypothyroidism, stage 3 kidney disease
  • Also cites that son suffers from mental illness, condition has deteriorated
  • The DOJ has adopted the position that an inmate who presents with one of the risk factors identified by the CDC should be considered as having an “extraordinary and compelling reason” warranting a sentence reduction.
  • Hiller’s good behavior while incarcerated warrants recognition under 18 U.S.C. § 3553(a). And, it further suggests that he would not pose a danger to the community if released
  • It is also noteworthy that Hiller’s incarceration in the midst of a global pandemic has “sufficiently increased the severity of the sentence beyond what was originally anticipated such that the purposes of sentencing are fully met even with the proposed reduction

 United States v. Dumars, 2020 WL 7061748 (E.D. Tenn. Dec. 2, 2020)

  • COPD and heart issues, hypertension, hyperlipidemia, arterial disease, coronary artery disease, cardiomyopathy, heart failure
  • Devens FMC
  • Govt argues danger, “But those concerns must be considered alongside the time remaining on Defendant’s sentence, just under one month. The protection afforded to the public likely is not increased substantially by incarcerating Defendant for one more month, which also should be considered in light of Defendant’s underlying health conditions and COVID-19.”

United States v. Norris, 2020 WL 6583084, at *1 (S.D. Ind. Nov. 10, 2020)

  • 172 months, extensive criminal history, has served 126 months
  • FCI Ashland
  • Hypertension, obesity, chronic kidney disease, 58 years old
  • “The Government argues that Mr. Norris’s early release would minimize the seriousness of his offense, not provide adequate deterrence, and not promote respect for the law. These concerns might weigh more heavily were it not for the fact that Mr. Norris is set to be released in one and a half years if this motion were denied. His ten years of incarceration are significant and serious by any measure. Hopefully, that decade will also deter him from future criminal conduct.
  • Norris has served approximately 126 months of his 172-month sentence. As we have noted, such a sentence represents a severe punishment. His educational successes reflect his intention and efforts to rehabilitate himself. That he will be on supervised release for five years and subject to increased drug monitoring as well as home detention with GPS monitoring during his first year following his release assuage some of our concerns. Presumably, he will be focused on meeting his various health challenges as well and avoiding the onset of COVID-19.”

United States v. Benning 2020 WL 7054823, at *1 (D. Md. Dec. 2, 2020)

  • Petersburg Medium FCI
  • Hypertension, hyperlipidemia, 53 years old

United States v. Ballard, 2020 WL 7056489, at *1 (E.D. Pa. Dec. 2, 2020)

  • FCI Miami
  • 50 years old, former smoker, lung abnormalities, respiratory issues
  • 204 months, served 13 years, release date July 2022

United States v. Sloan, 2020 WL 7060143, at *3 (E.D. Wis. Dec. 2, 2020)

  • Type II diabetes, obesity, and hypertension, stroke, 55 years old, wheelchair
  • Govt does not oppose
  • Drugs and firearms, has served 30 years of 480 months

United States v. Brady, 2020 WL 7053811, at *1 (E.D. Mich. Dec. 2, 2020)

  • FCI Milan
  • Obesity and former smoker

United States v. Vega, 2020 WL 7060153, at *1 (E.D.N.Y. Dec. 2, 2020)

  • FCI Fort Dix
  • 360 months, consecutive to state court sentence which was reduced in 2010
  • Release date July 2028, has served 32 years
  • 65 years old, hypertension, hyperlipidemia, mitral valve prolapse, anemia
  • Model inmate, rehabilitated, UNICOR

United States v. Dean, 2020 WL 7055349, at *1 (D. Minn. Dec. 2, 2020)

  • 125-month sentence for meth
  • Asthma in combo with pandemic satisfied standard
  • FCI Pekin

United States v. Evans, 2020 WL 7074141, at *2 (E.D. Va. Dec. 2, 2020)

  • FPC Alderson
  • 84 months for robbery
  • Breast cancer, diabetes, hypertension, obesity
  • Waives exhaustion

United States v. Wilson, 2020 WL 6785109 (N.D. Iowa Nov. 18, 2020)

  • 87 months for bank robbery, in 2015, release date July 2021
  • Terre Haute USP
  • Obesity, diabetes, peripheral neuropathy, hypertension, obstructive sleep apnea, chronic kidney disease stage III
  • Hypertension is uncontrolled, severe, resistant, often placing him in hypertensive crisis
  • “Thus, although hypertension is only a potential risk factor, defendant’s hypertension is sufficiently severe such that the Court gives it significant weight in its analysis here”

United States v. Sharma, 2020 WL 6802404, at *1 (E.D. Cal. Nov. 19, 2020)

  • FCI Sheridan
    • Collecting cases where district courts “have found conditions in FCI Sheridan present high risks of coronavirus infection to inmates”
    • “…the court finds the high risk of infection at FCI Sheridan specifically, given the available pubic health data and the dormitory-style living arrangements, weighs in favor of Sharma’s motion.”
  • 46 months, has served 22 months (57%)
  • Type 2 diabetes
    • Notes in medical file show diabetes management is compromised by pandemic-related restrictions imposed at his facility

United States v. Jeanetta, 2020 WL 7074620, at *2 (D. Minn. Dec. 3, 2020)

  • McCreary USP
  • Life for drugs, then 300 by Obama
  • Diabetes, hypertension, 65 years old

United States v. Janis, 2020 WL 7078678, at *2 (D.S.D. Dec. 2, 2020)

  • 96 months
  • Diabetes, COPD, asthma, hypertension, hyperlipidemia, obesity, lung resection
  • FCI Beaumont Low
  • Despite BOP’s conditions of modified operations implemented to slow the spread of COVID-19 in prisons, the practical reality is many of the factors increasing community spread and individual risk of exposure to the virus are simply unavoidable in a prison setting

United States v. Shivers, 2020 WL 7319079, at *1 (S.D. Ind. Dec. 11, 2020)

  • FCI Milan
  • 92 months for drugs
  • Has served 5 years
  • 38 years old, obesity, hypertension, history of smoking
    • Pandemic-related lockdowns have limited his opportunities to exercise.

United States v. Williams, 2020 WL 7312177, at *1 (C.D. Ill. Dec. 11, 2020)

  • FCI Terre Haute
  • Release date is August 2026, pleaded to drugs in 2018 and 924(c), got two 60 year terms consecutive for 120 months
  • Emphysema, COPD, asthma, hypertension, type 2 diabetes, chronic renal failure, obesity

United States v. Gardner, 2020 WL 6576756, at *2 (N.D. Cal. Nov. 9, 2020)

  • 235 months for crack, has served 137 months
  • FCI Mendota, release date in 5 years
  • No disciplinary incidents
  • Release under both (c)(1)(A) and (c)(1)(B)
  • Asthma

United States v. Fowle, 2020 WL 6582453, at *3 (D.N.H. Nov. 10, 2020)

  • FCI Danbury, third supervised release revocation
  • Hypertension, hepatitis C, heavy smoker

United States v. Bornales, 2020 WL 6544305, at *1 (E.D. Va. Nov. 6, 2020)

  • 262 months for meth trafficking, incarcerated since October 2005
  • Reeves III Correctional
  • Diabetes, hypertension, chronic kidney disease, 50 years old “and while his age presents a somewhat limited risk factor when considered alone, his age is notable when coupled with his multiple health conditions”
  • Grants despite immigration detainer, defendant said he would address

United States v. Kehler, 2020 WL 6785358 (D. Minn. Nov. 18, 2020)

  • 110 months for drugs
  • Epidural abscess and spinal cord infarction, paralyzed from waist down
  • Warden recommended compassionate release but overturned by BOP OGC based on improvements to condition
    • Government argues he is not motivated to get better or lose weight, Court rejects argument

United States v. Craig, 2020 WL 6781760, at *1 (C.D. Ill. Nov. 18, 2020)

  • 13 months from revocation of supervised release, release date March 2021
  • 36 year old at Livingston County jail with no transfer due to COVID-19
  • Obesity, hypertension, bronchitis, sleep apnea, asthma, sickle-cell trait

United States v. Carter, 2020 WL 6515956, at *1 (W.D. Pa. Nov. 5, 2020)

  • 235 months for cocaine, in 2006-2007
  • FCI Morgantown
  • Ankylosing spondylitis, inflammatory disease, deformed spine

United States v. Herring, 2020 WL 6886256, at *2 (E.D. Ky. Nov. 24, 2020)

  • Mr. Herring represented that he has various health issues, including sleep apnea, latent tuberculosis (“TB”), obesity, and shortness of breath, obesity, high blood pressure
  • FCI Loretto
  • Granting renewed motion based on documentation
  • In April, doctors at NYU’s Langone Health Center conducted one of the largest studies on the coronavirus at that point in time. United States v. Delgado, 457 F.Supp.3d 85, 89 (D. Conn. 2020) (citing Tiernan Ray, NYU Scientists—Largest US study of COVID-19 finds obesity the single biggest ‘chronic’ factor in New York City’s hospitalizations, ZDNet (Apr. 12, 2020), https://www.zdnet.com/article/nyu-scientists-largest-u-s-study-of-covid-19-finds-obesity-the-single-biggest-factor-in-new-york-critical-cases/). The study, surveying over 4,103 people who had tested positive in New York City, found that “[t]he chronic condition with the strongest association with critical illness was obesity, with a substantially higher odds ration than any cardiovascular or pulmonary disease.”

United States v. Morse, 2020 WL 6534899, at *1 (S.D. Fla. Nov. 3, 2020)

  • 42 months for aggravated identity fraud and access device, violated SR and got 6 months, to run consecutive to 30-month state sentence
  • FDC Miami
    • FDC Miami, where Defendant is housed, has struggled to contain its COVID-19 cases in recent months and has reported numerous active cases during the course of the pandemic. Two FDC Miami inmates have already died from COVID-19. And because there is no indication that FDC Miami has tested the entire inmate population, it is unknown how widespread the infection rate actually is within that facility.
    • Moreover, due to the conditions under which inmates live, they are at extreme risk of infection once COVID-19 breaches prison walls. Social distancing is difficult, and sometimes impossible. Asymptomatic transmission presents additional complications in controlling the spread. Because there have already been COVID-19 outbreaks within FDC Miami, Defendant is at severe risk of contracting the virus despite any precautions the facility may take.
  • 55 years old, obesity, chronic kidney disease, UTI, kidney stone, enlarged prostate, mass on kidney and prostate
    • “In addition, a recently published study by researchers at UNC determined that obese people had a 46% greater risk of catching COVID-19 than non-obese people; a 113% greater risk of hospitalization; a 74% greater risk of ending up in an ICU; and a 48% greater risk of death.”
      • Barry M. Popkin, et al., Individuals with Obesity and COVID-19: A Global Perspective on the Epidemiology and Biological Perspectives, Obesity Reviews at 1 (2020), https://onlinelibrary.wiley.com/doi/epdf/10.1111/obr.13128
  • Unopposed motion

United States v. Rupp, 2020 WL 7047311, at *1 (D. Nev. Nov. 30, 2020)

  • FCI Allenwood Low
  • 42 months for drugs, had served 26 months
  • 51 years old, diabetes, obesity, coronary artery disease, hypertension, sleep apnea, high cholesterol

United States v. Rogers, 2020 WL 7047659, at *1 (D. Ariz. Nov. 30, 2020)

  • 36 months for marijuana distribution, then violated SR
  • Cardiomegaly (enlarged heart), hypertension, high cholesterol, COPD, asthma, and obesity

United States v. Jones, 2020 WL 6991009, at *1 (C.D. Ill. Nov. 26, 2020)

  • USP Leavenworth, 120 months, 60 for meth, 60 for gun
  • Release date is December 2021
  • Obese, fatty liver, PTSD

United States v. Farrugia, 2020 WL 7024233, at *1 (E.D. Cal. Nov. 30, 2020)

  • FCI Victorville
  • Served 340 months of life sentence for meth offenses
  • 74 years old, heart disease, congestive heart failure, thrombocytopenia, hypertension, hepatitis C, hypothyroidism, hyperlipidemia, mononeuropathy, hernia, Care 3 level

United States v. Grant, 2020 WL 6887650, at *1 (E.D. Va. Nov. 24, 2020)

  • USP Allenwood Medium FCI
  • 120 months, has 4 years left with good time credit (has served 66 months
  • 41 years old, asthma, high blood pressure, type 3 diabetes, obesity, heart murmur, bronchitis, asthma attacks

United States, 2020 WL 7025093, at *1 (N.D. Ill. Nov. 30, 2020)

  • FCI Terre Haute
  • 8-year sentence, has served 45 months
  • Immune disorder

United States v. Gonzalez, 2020 WL 7024905, at *1 (D. Conn. Nov. 30, 2020)

  • 30 months for firearm by felon
  • MDC Brooklyn
  • Obesity, 39 years old

United States v. (REDACTED), 2020 WL 6891827, at *1 (N.D. Cal. Nov. 23, 2020)

  • FCI Dublin
  • 52 months, has served 33 months, release date November 2021
  • 46 years old, diabetes, high blood pressure, anemia, high cholesterol
    • Diabetes “not well controlled”
  • Furthermore, a sentence reduction would not create unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct.

United States v. Moore, 2020 WL 6822872, at *1 (N.D. Cal. Nov. 20, 2020)

  • D has obesity, hypertension, and hyperlipidemia
  • 100 month sentence, has served 6 years
  • FMC Fort Worth

United States v. Magana-Lopez, 2020 WL 6827766, at *1 (D. Ariz. Nov. 20, 2020)

  • 188 months for drug trafficking, served 100 months, release date March 2025
  • FCI Oakdale II
  • Non-violent, low risk of recidivism
  • Type 2 diabetes, hypertension, hyperthyroidism, obesity

United States v. Webber, 2020 WL 6706346, at *2 (D.N.D. Nov. 13, 2020)

  • FPC Duluth, 226 months, release in 2 years
  • 49 years old, obesity, prediabetes, high cholesterol
  • 3553 – exemplary rehabilitative efforts bolster the case for compassionate release
    • Earned all good time credit, no disciplinary violations, low risk of recidivism, minimum security designation, program history

United States v. Moon, 2020 WL 6749362, at *1 (N.D. Cal. Nov. 17, 2020)

  • Butner Medium
  • 120 months under mandatory minimum for meth, in 2013, only 9 months left
  • 52 years old, obesity, high blood pressure, iron deficiency anemia, arthritis
    • Government argues this is “borderline obese” and “weight can fluctuate over time”
      • Court rejects, notes Govt offers “no support”

United States v. Pelichet, 2020 WL 6825699, at *2 (D.S.D. Nov. 20, 2020)

  • 24 months
  • Obesity, hypertension, stage 2 kidney disease, sleep apnea, reflux
  • SeaTac FDC

United States v. McCreery, 2020 WL 6930098, at *1 (D. Idaho Nov. 23, 2020)

  • 65 years old and suffers from Stage IV (end stage) COPD, emphysema, hyperlipidemia, and heart issues
    • Needs walker, nebulizer
  • Meth but also tried to get witnesses killed
  • 312 months, reduced to 251 months, has served 11 years, has 7 left (but would be eligible for elderly offender program in 3)
  • FMC Fort Worth

United States v. Smith, 2020 WL 6822831, at *1 (E.D. Mich. Nov. 20, 2020)

  • Fort Dix
  • Obesity and diabetes
  • Denied first motion in August based on release plan
    • Now lives with mother

United States v. Myles, 2020 WL 6505038, at *1 (D. Nev. Nov. 4, 2020)

  • 120 months, had served about 3 years
  • FCI Sheridan
  • Requires home confinement and halfway house/residential reentry center

United States v. Jones, 2020 WL 6701314, at *1 (S.D. Ind. Nov. 13, 2020)

  • Forrest City Low
  • Release date May 2020, served 13 years; crack cocaine, 240 months initially
  • Obesity, hypertension, 42 years old

United States v. Mobley, 2020 WL 6700532, at *1 (S.D. Cal. Nov. 13, 2020)

  • La Tuna
  • 60 months for cocaine
  • Morbid obesity, sleep apnea, respiratory issues
  • No violence

United States v. Nehmad, 2020 WL 6719380, at *1 (S.D.N.Y. Nov. 16, 2020)

  • 75 months for tax and import scheme, has served 34 months
  • La Tuna FCI, was supposed to get deported, detainer
  • No doctor to treat diabetes, sciatica, hernias

United States v. Winston, 2020 WL 6742793, at *1 (D. Kan. Nov. 17, 2020)

  • FCI Pekin and her projected release date is May 3, 2022
  • 34 months for identity and wire fraud
  • Obesity and diabetes

United States v. Tamasoa, 2020 WL 6700416, at *1 (E.D. Cal. Nov. 13, 2020)

  • Discusses CDC on dormitory versus cells
  • Big Spring
  • Obesity, hypertension
  • Less than 50% of sentence

United States v. Randall, 2020 WL 6392845, at *1 (S.D. Fla. Nov. 2, 2020)

  • FPC Pensacola, 72 months for drugs, has served 38 months
  • Diabetes, hypertension

United States v. Kelley, 2020 WL 6414849, at *1 (W.D. Va. Nov. 2, 2020)

  • 78 months
  • Firearm possession
  • Butner Medium, release date September 2021
  • Obese, 43 years old

United States v. Santilli, 2020 WL 6446665, at *2 (N.D. Ill. Nov. 3, 2020)

  • FCI Milan, 44 months for firearms
  • Blood clotting from military service
  • As the pandemic continues and the scientific community has had more opportunity to study the novel coronavirus, it is clear that COVID-19 is much more dangerous than a common respiratory virus. The virus often causes blood clots throughout the body, which can lead to more serious issues like strokes, kidney failure, heart inflammation, and immune-system complications.2 More troubling is that the cause of the excessive clotting is not yet known.3 “Data suggest that about one-in-three individuals critically ill with COVID-19 will develop a potentially life-threatening blood clot,” and there “are reports that patients with milder illness, or even those who are asymptomatic or unaware that they are infected with the coronavirus, are developing dangerous blood clots.”4 Further, it is unclear whether this risk can be effectively mitigated with medication. Some scientists opine that treating patients with blood thinners such as aspirin may prevent dangerous clotting,5 while others have emphasized that the cause of the clotting is still unknown, with one article stating, “blood thinners don’t reliably prevent clotting in people with COVID-19.”
    • Cites cases with blood clotting disorder

United States v. Barlow, 2020 WL 6445988, at *1 (M.D. Pa. Nov. 3, 2020)

  • These injuries and ailments took a myriad of forms during Barlow’s life, including a serious hand injury in 1993, a heart attack, more than a dozen surgeries on Barlow’s knee, shoulder, and elbow, degenerative spinal changes, hyperlipidemia, hyperpotassemia, and, most importantly, congestive heart failure and the installation of a pacemaker
  • Year and one day, Butner

United States v. Manning, 2020 WL 6471695 (W.D. Va. Nov. 3, 2020)

  • FPC Alderson, projected release November 2021
  • 121 months after reduction, high criminal history category
  • Obesity, hypertension, anemia
  • To the extent the government’s focus on Manning’s criminal history constitutes an argument that she poses a danger to the community, the court finds that Manning’s criminal history consists predominantly of minor, non-violent infractions, none of which were felonies, and most of which occurred over ten years ago

United States v. Moore, 2020 WL 6440920, at *1 (E.D. Mich. Nov. 3, 2020)

  • Highwaymen Motor Club, RICO conviction, sentenced to life then appealed and resulted in 20 years, has served half his sentence; projected release is November 2027 (served 50%)
  • 73 years old, COPD, diabetes, sleep apnea, high blood pressure
  • FCI Loretto
  • Finds availability of home confinement makes 3553 weigh in favor of release

United States v. Graham, 2020 WL 6391177, at *1 (D.N.J. Nov. 2, 2020)

  • FCI Edgefield
  • 204 months for armed bank robbery
  • Earned GED, took programs
  • 48 years old, diabetes, high blood pressure, high cholesterol, obesity

United States v. Afanasyev, 2020 WL 6395303, at *1 (S.D.N.Y. Oct. 30, 2020)

  • 42 months for racketeering, deportable
  • Diabetes, 62 years old, lung cancer in past, hyperlipidemia

United States v. Coffman, 2020 WL 6384406, at *1 (E.D. Ky. Oct. 29, 2020)

  • FCI Ashland
  • 300 months for fraud, has served 201 months
  • 57 years old, arthritis, type 2 diabetes, high blood pressure
  • In its brief on remand, the government explains that, on July 28, 2020, the Department of Justice “issued a directive that the government shall concede that an inmate, who has one of the risk factors listed by the Centers for Disease Control and Prevention (CDC) for greater risk of severe illness from COVID-19, presents an ‘extraordinary and compelling’ reason warranting eligibility for compassionate release, even if those risk factors in ordinary, non-COVID-19 times would not.” (DE 792, Bf. at 4.) The government explains that “DOJ’s concession is based on the notion that, while in prison, a defendant cannot socially distance from others, which is something the CDC recommends for people suffering from Type II Diabetes and high blood pressure.” (DE 792, Bf. at 4.) The government states that it relied on the DOJ directive in its argument before the Sixth Circuit, and it makes clear that it continues to take this position. (DE 792, Bf. at 4 n.3.) It states that it “now concedes that Coffman is eligible for compassionate release….”
  • 3553 – no longer able to be attorney, so deterrence

United States v. Alghaithi, 2020 WL 6305485 (D.Ariz. Oct. 28, 2020)

  • FCI La Tuna
  • 36 months for fake weed, release May 2022
  • 62years old, asthma, latent tuberculosis, pre-diabetes, hyperlipidemia
  • Mr. Alghaithi suffers from latent tuberculosis. He acknowledges the limited research on the interaction between latent tuberculosis and COVID-19, but points to a study showing the risk of severe illness. Notably, other courts have cited the danger of contracting COVID-19 while having latent tuberculosis.

United States v. Gurley, 2020 WL 6343142, at *1 (E.D. La. Oct. 29, 2020)

  • 60 months, release date July 2022, drugs
  • FCI Beaumont
  • Asthma, diabetes, bronchitis

United States v. Vasquez-Lujano, 2020 WL 6384722, at *1 (D. Idaho Oct. 29, 2020)

  • Life sentence for meth and re-entry, has served 25 years
  • No disciplinary issues, worked for UNICOR
  • Atrial fibrillation, hepatitis C, hypertension, peripheral vascular disease
  • 3553 – Further supporting the Court’s decision is the fact that Vasquez-Lujano received a far more severe sentence than he would likely have received today. Vasquez-Lujano was sentenced to life under sentencing guidelines that are no longer mandatory. See United States v. Booker, 543 U.S. 220, 227 (2005) (invalidating provisions of the Sentencing Reform Act of 1984 that made the Guidelines mandatory). Today, he would be subject to a mere ten-year mandatory minimum and would likely be sentenced under a lower guidelines range

United States v. Ozoh, 2020 WL 6317560 (E.D.Mich. Oct. 28, 2020)

  • FPC Alderson, served 13 months of 42-month sentence
  • 65 years old, history of cocaine and mental health issues
  • Asthma, heart disease, diabetes, hypertension, arthritis, hyperlipidemia
  • RDAP, asked court to wait on hearing to finish
  • 3553 and danger. Low recidivism since the doctor she got pills from is in prison, she can’t get it otherwise, notes addiction and completing RDAP

United States v. Morgan, 2020 WL 6287696, at *1 (E.D. Wis. Oct. 27, 2020)

  • 144 months, FCI Texarkana, with a projected release date of December 14, 2022
  • Morbid obesity, hypertension, obesity-related problems
  • 3553 – non-violent drug trafficking offense

United States v. Terry Roberts, 2020 WL 6275986, at *1 (D. Minn. Oct. 26, 2020)

  • Forrest City Medium FCI, has served 9.5 years of a 192-month sentence for robbery with firearm, release date is December 2024
  • Grave’s disease, hypertension, reflux, CPAP, at risk for diabetes based on AIC hemoglobin
  • Raped by inmates at USP Leavenworth; a staff member passed out and D helped him

United States v. Lorenzo, 2020 WL 6255656, at *1 (D. Minn. Oct. 23, 2020)

  • 108 months for meth, release in about a year
  • Asthma since childhood, corticosteroid, bronchitis, obesity
  • No criminal history besides this offense and traffic, no violence, completed substantial programming

United States v. King, 2020 WL 6146446, at *2 (D.S.D. Oct. 20, 2020)

  • 120 months for meth, mandatory minimum based on quantity, guidelines were lower
  • FMC Rochester, release date December 2023
  • 56 years old, type 2 diabetes, obesity, Parkinson’s, sleep apnea, hypertension

United States v. Grimm, 2020 WL 6165286 (D. Nev. Oct. 21, 2020)

  • 14 years for mortgage fraud
  • Lupus, diagnosed after court ordered it

United States v. Owens, 2020 WL 6162783, at *1 (S.D.W. Va. Oct. 21, 2020)

  • 130 months for crack distribution, reduced to 110 months, has served 92 months
  • FCI Allenwood Medium
  • Hypertension, abdominal hernia, missing left kidney
  • “If an inmate can demonstrate that he or she has a condition identified by CDC, next, the defendant must show that his or her prison conditions are such that BOP cannot effectively prevent the spread of COVID-19. Factors include but are not limited to the steps BOP has taken to stop the spread of COVID-19 in that particular prison and steps to follow CDC guidance, the ability of inmates to socially distance, the amount of hygiene products and face masks provided to inmates, and the number of COVID-19 cases in that prison.”
  • Mr. Owens contends that “(1) in order to receive your medication in the morning and afternoon you have to go to medical health services [and at] all times 20 to 30 inmates waiting [sic] to get their daily medication;” (2) BOP has refused to provide inmate[s] hand sanitizer;” “(3) if you purchase commissary you are locked in a very small room with 25 to 30 inmate with no supervisor to enforce wearing the mask [sic];” “(4) when using the phone you are required to be in the same area 4 at a time 1 feet [sic] apart;” and (5) 20 to 30 people “jammed together to watch games.”

United States v. Naik, 2020 WL 6156715, at *1 (D.N.J. Oct. 21, 2020)

  • FCI Fort Dix
  • 72 years old, stent in artery, coronary artery disease, hypertension, hyperlipidemia, type 2 diabetes
  • Sentenced to 8 months for fraud based on taxes on his pharmacy
  • Notes D has served half of sentence

United States v. Valenzuela, 2020 WL 6136279, at *1 (W.D. Wash. Oct. 19, 2020)

  • FCI Sheridan
  • 144 months for drugs and money laundering, release date June 2022
  • 60 years old, obesity, hypertension – court finds “age, obesity, and elevated blood pressure” as reasons

United States v. Brown, 2020 WL 6146620, at *1 (E.D. Pa. Oct. 20, 2020)

  • FCI Ashland
  • 180 months for bank fraud, release date December 2027
  • 53 years old, obesity, hypertension
  • Court is somewhat skeptical of the Government’s confidence in BOP containment efforts. The BOP did not institute a policy requiring staff to wear face masks until August 27, 2020
  • “Indeed, the Government argues, “obesity is something that can be managed by diet and exercise.” (Id. at 17.) It does not, however, explain how Brown might manage his condition now, as BOP has “severely limited the movement of inmates and detainees” and “requires that all inmates in every BOP institution be secured in their assigned cells/quarters, in order to stop any spread of the disease.”
  • Even if it were expected that Brown could resolve his obesity at some point in the future through use of the Government’s suggested lifestyle tips, he could not possibly recover quickly enough to protect himself from the immediate threat of COVID-19 in his prison facility and the severe or possibly fatal consequences he could suffer because of his obesity if he contracts the virus
  • However, Brown’s record in prison, as well as his proposed release plan, demonstrate that the opposite is true. Brown has a Risk Pattern score of -12, which puts him in the lowest risk-of-recidivism category according to the BOP.

United States v. Clark, 2020 WL 6152971, at *1 (D. Nev. Oct. 20, 2020)

  • 96 months, two consecutive sentences
  • Hypertension, reactive airway disease from collapsed lung, obesity, inhaler necessary, remarkable level of rehabilitation
  • Allenwood USP

United States v. West, 2020 WL 6150932, at *1 (D. Md. Oct. 20, 2020)

  • 27 months for heroin and cocaine
  • FCI Allenwood, has served 21 months, release date February 2021
  • Obesity, HIV, hypertension, obesity, prediabetes

United States v. Nichols, 2020 WL 6134467, at *1 (D. Kan. Oct. 19, 2020)

  • 360 months for heroin, 851, reduced to 298 months, picked up 4-month misdemeanor for cell phone in prison, release date is July 2025
  • Type 2 diabetes, obesity, hypertension, asthma, immunosuppressant medication for rheumatic condition
  • Was elsewhere, now Texarkana
  • Got enhancements at sentencing he would not receive today, 851 enhancement but that has changed with First Step Act — this is 3553 analysis

United States v. Hernandez Frometa, 2020 WL 6132296, at *1 (S.D.N.Y. Oct. 19, 2020)

  • 40 months for heroin, has served 25 months
  • ICE detainer
  • 40 years old, hypertension (based on readings, not diagnosis)
  • Moshannon Valley Correctional Center, release date July 2021

United States v. Jones, 2020 WL 6131252, at *2 (S.D.N.Y. Oct. 19, 2020)

  • 240 months, drugs and violence
  • Multiple sclerosis, “increasingly intensive medical care” weighs in favor of release, in wheelchair

United States v. Brownlee, 2020 WL 6118549, at *1 (E.D. Mich. Oct. 16, 2020)

  • 96 months, has served 73 months, release is March 2022
  • FMC Carswell
  • 54 years old, hypertension, obesity, diabetes, hepatitis C

United States v. Marshall, 2020 WL 6111652, at *1 (C.D. Ill. Oct. 16, 2020)

  • FCI Greenville
  • 420 months in 2006 for crack cocaine and firearm, reduced to 240 months, release date is May 2022
  • 42 year old black male, HIV (but records don’t confirm), hypertension, irregular heartbeat

United States v. Cazessus, 2020 WL 6081736, at *1 (S.D. Cal. Oct. 15, 2020)

  • Lompoc, has served 1.5 years (33% of sentence)
  • 71 years old, 60 months for drugs between the US and Mexico
  • Throat cancer, history of meth abuse,

United States v. Indarte, 2020 WL 6060299, at *1 (W.D. Wash. Oct. 14, 2020)

  • FCI Coleman
  • Sexual abuse, 48 months, release date is June 2021
  • Has obesity, atopic dermatitis, blood disorder, herpes, depression, PTSD
  • Criteria:
    • (i) whether the inmate is at higher risk because of his or her age and/or race
    • (ii) whether the inmate has one or more, medically-documented, chronic health conditions that render him or her more vulnerable to COVID-19
    • (iii) the fatality rate for individuals with similar health conditions as compared with the overall fatality rate for COVID-19
    • (iv) whether the inmate has previously tested positive for the coronavirus that causes COVID-19 and, if so, whether the inmate suffers from any long-term effects of the disease
    • (v) whether the inmate’s release is expected to reduce the risk of him or her contracting COVID-19
  • Indarte additionally presents evidence that the mental illness Indarte suffers from have been shown to impair immune function and heighten vulnerability to viral infection. See Dkt. 76-3, Exhibit C, Sapolsky Declaration on Mental Health.
  • 3553 – The lock-down measures prisons across the country like FCI Coleman have undergone to mitigate the spread of the pandemic have made confinement much more punitive than was contemplated at sentencing. All visitations have been suspended at FCI Coleman,3 and BOP programs have stopped, except for those required by law.4 This factor has much greater weight when balancing it with the other factors and when considering how much of his sentence Indarte has served.

United States v. Sicairos-Quintero, 2020 WL 6063291, at *1 (E.D. Cal. Oct. 14, 2020)

  • 180 months in prison
  • 78 years old, has served 132 months with 21 months left
  • Has bad eyes and arthritis
  • Non-violent, government agrees

United States v. Johnson, 2020 WL 6063733, at *5 (D. Md. Oct. 14, 2020)

  • 360 months for drugs and firearm, has served 152 months, sentenced under ACCA
  • FCI Gilmer
  • Chronic kidney disease, hypertension, hyperlipidemia
  • The extraordinary and compelling circumstances presented by the pandemic have empowered the Court to revisit the sentence it imposed. In this unique instance, instead of granting immediate release or denying relief altogether, the Court will exercise its discretionary authority to reduce Johnson’s sentence to 300 months.
  • The fact a defendant, if sentenced today, would receive a drastically lower sentence for the same conduct has been found by several courts to constitute “extraordinary and compelling” circumstances justifying sentence reduction under § 3582(c)(1)(A).

United States v. Vigil, 2020 WL 6044561, at *1 (M.D. Fla. Oct. 13, 2020)

  • Defendant is 62 years old and requires the assistance of a wheelchair because of knee problems. In addition, he suffers from diabetes, high blood pressure, hepatitis, and back problems.
  • Forrest City Medium FCI, 156 months for bank robbery and violating supervised release

United States v. Lewis, 2020 WL 6049913, at *1 (E.D. Va. Oct. 13, 2020)

  • FCI Beckley, release date January 2021
  • 30 months in prison
  • 36 years old, obesity and high blood pressure history

United States v. Mack, 2020 WL 6044560, at *1 (M.D. Fla. Oct. 13, 2020)

  • 47-year-old inmate incarcerated at FCC Coleman Low
  • Multiple strokes, cerebrovascular disease, “leaving him with cognitive deficiencies and weakness on one side of his body”
    • “Defendant stated that after the strokes, life in prison became harder and that his left side feels “heavy.” The Court notes that Defendant is reportedly left-handed, which would make his left-sided hemiparesis even more burdensome.”
    • *5, Not only is [Defendant] at greater risk for future strokes, but strokes are now being linked to COVID-19. Seee.g., Thomas J. Oxley et al., Large-Vessel Stroke as a Presenting Feature of Covid-19 in the Young, NEJM.org (April 28, 2020), https://www.nejm.org/ doi/full/10.1056/NEJMc2009787?amp/= (last visited May 8, 2020). And, according to preliminary CDC data, individuals with neurologic disorders such as stroke and migraine are more likely to require hospitalization after contracting COVID-19. See CDC COVID-19 Response Team, Preliminary Estimates of the Prevalence of Selected Underlying Health Conditions Among Patients with Coronavirus Disease 2019 — United States, February 12–March 28, 2020, 69 Morbidity & Mortality Weekly Rep. 382, 384 (Apr. 3, 2020), available at https://www.cdc.gov/ mmwr/volumes/69/wr/mm6913e2.htm.”
  • Originally sentenced to 235 months, had served about 7 years, reduced to 144 months, then released

United States v. Pape, 2020 WL 6042397, at *1 (D. Minn. Oct. 13, 2020)

  • Pape suffers from asthma and a suppressed immune system due to his prolonged use of a corticosteroid inhaler. Pape also has a history of bronchitis, chronic obstructive pulmonary disease (“COPD”), and hypertension.
  • 180 month sentence for felon in possession of firearm, has served 8 years since 2012, stole from a car and there was a gun in the purse, career offender
  • FMC Rochester, release date March 2025

United States v. Montgomery, 2020 WL 4937109, at *1 (E.D. Wash. Aug. 24, 2020)

  • Defendant is now 82 years old and suffers from type 2 diabetes, cataracts, hypertension, and bowel problems
  • FCI Beaumont
  • Life sentence, 851 enhancement

United States v. Fisher, 2020 WL 5992340, at *1 (S.D.N.Y. Oct. 9, 2020)

  • 73-year-old inmate at FCI Yazoo City Medium
  • Life sentence, has served 38 years, narcotics conspiracy
  • Was “35-year-old drug kingpin”
  • High blood pressure, hyperlipidemia, lung puncture
  • Committed four murders, according to government

United States v. Johnson, 2020 WL 5993291, at *1 (D. Kan. Oct. 9, 2020)

  • USP Leavenworth
  • 292 months, incarcerated since 2002, crack
  • Obesity, prediabetes, sleep apnea

United States v. Johnson III, 2020 WL 5981676, at *1 (D. Kan. Oct. 8, 2020)

  • 84 months
  • MCFP Springfield
  • Obesity, hypertension
  • 12 months remained on sentence
  • 3553-
    • “The key question for the court when considering § 3553(a) and a motion under § 3582(c)(1)(A) thus asks whether the court’s analysis of § 3553(a)’s non-static factors has changed enough since sentencing to render appropriate the decrease in punishment that a sentence reduction produces.”

United States v. Anderson, 186, 2020 WL 5982896 (E.D. Wis. Oct. 8, 2020)

  • 126 months, USP Terre Haute, projected release August 2023
  • Armed bank robbery
  • Hypertension, type 2 diabetes, sleep apnea, cardia arrhythmia, obesity, heart disease
  • Letters from BOP staff, supervisors

United States v. Jones, 2020 WL 5983276 (D. Conn. Oct. 8, 2020)

  • 63 months, bank robbery
  • Hypertension, obesity, type 2 diabetes
  • Bridgeport Correctional, holdover inmate

United States v. Baylor, 2020 WL 5970679, at *1 (D.D.C. Oct. 8, 2020)

  • Ms. Baylor is currently serving a sentence of 25 months imprisonment at FPC Alderson, in Alderson, West Virginia, with a projected release date of October 26, 2021.
  • She has chronic kidney disease and hypertension, which increase her risk of severe illness should she contract COVID-19.
  • Granting renewed motion, denied previously because no cases at FPC Alderson

United States v. Bary, 2020 WL 5946985, at *1 (S.D.N.Y. Oct. 7, 2020)

  • Following his extradition to the United States, he pled guilty on October 1, 2014 to conspiring to murder U.S. nationals outside the United States, conspiring to make threats concerning an attempt to kill, injure, and intimidate an individual and unlawfully to damage and destroy property by means of an explosive, and making threats concerning the same, terrorism, al Qaeda
  • 300 months, maximum sentence, release date was October 2020
  • Waives exhaustion
  • 60 years old, obesity, respiratory illness
  • Would be deported to UK

United States v. Bennen, 2020 WL 5968922, at *1 (S.D. Cal. Oct. 8, 2020)

  • 120 months, mandatory minimum, release date is April 2026, has served about 3 years; drug crimes ang long history
  • USP Lompoc
  • Has pre-existing conditions for respiratory illness

United States v. Camacho-Duque, 2020 WL 5951340, at *1 (S.D. Fla. Oct. 5, 2020)

  • FDC Miami for 30-month sentence, had granted downward departure based on safety valve changes
    • Had served 21 months, detained since December 2018
    • Release date January 2021
  • ICE deportable
  • Hypertension, type 2 diabetes, obesity, anemia, hyperlipidemia, polyneuropathy, otitis externa, acute upper respiratory infection, edema, vitamin D deficiency, heart murmur
  • Exhaustion Requirement:
    • “Because Defendant, a lay person who at the time was proceeding without counsel, made a seemingly good-faith, though legally imperfect, attempt to secure her release based on her medical condition, I will liberally construe her filings with the BOP as commencing the 30-day period after which a compassionate release request can be brought to the Court. Other courts have reached a similar conclusion”
    • Waive requirement – “given this unprecedented virus, it would unduly prejudice Defendant to require her to exhaust administrative remedies. If Defendant were found not to have exhausted administrative remedies, she would have to start over, waiting another 30 days until she could file a renewed motion for compassionate release in this court. Each day that Defendant spends in confinement, she is at a heightened risk of contracting the COVID-19 virus. Delaying a ruling on Defendant’s motion until such time as the BOP can consider her circumstances and take action would be unreasonable and would expose Defendant to unnecessary risk. Accordingly, to the extent that Defendant has not exhausted administrative remedies, I still find that it is appropriate to allow her to proceed with this action.”

United States v. Laborin, 2020 WL 5909493, at *1 (E.D. Cal. Oct. 5, 2020)

  • FCI Schuylkill
  • 104 months on possession of firearm and violating supervised release, release date is March 2022
  • Obesity and asthma
  • Here, defendant alleges the specific conditions in which he is housed at FCI Schuylkill prevent him from taking adequate precautions to prevent contracting COVID-19. Specifically, he represents he cannot socially distance from his roommate, BOP is not testing inmates or staff, he has not been given adequate sanitation equipment or a suitable mask, and the facility is ignoring inmates with symptoms unless they have a fever. Mot. at 3–4. Additionally, defendant claims staff members routinely enter his housing block without masks. Id. at 4. The government does not present any evidence to the contrary, or even contest defendant’s representations; rather it says at the time of writing it did not know of any cases at FCI Schuylkill.

United States, 2020 WL 5908998, at *1 (D. Or. Oct. 6, 2020)

  • 96 months, has served 66 months
  • FCI Terminal Island
  • 54 years old, obesity, hepatitis C, prehypertension, seizure disorder
  • Cites release date of March 2022 to say his release won’t be a danger, completed RDAP

United States v. Sain, 2020 WL 5906167, at *1 (E.D. Mich. Oct. 6, 2020)

  • 47 years old, chronic kidney disease, asthma
  • USP Atlanta
    • Submitted letters from two officers at USP Atlanta, maintenance foreman, food service supervisor
  • 240 months for drugs, mandatory statutory minimum under § 851, started serving in November 2008, release date is June 2025
  • The government asks the Court to view Sain in the same light as if it was 2007. But Sain has not been in a time bubble for nearly 13 years, and Pepper v. United States, 562 U.S. 476, 490-93 (2011), allows the Court to consider post-sentencing rehabilitation efforts in re-sentencing.
  • Sain has already served approximately 13 years in prison – a substantial punishment that accounts for each of these important factors. Using Sain’s projected release date, this amounts to over 73 percent of his sentence. This term of imprisonment is longer than most, if not all, of his co-conspirator’s sentences.

United States v. Solis, 2020 WL 5909570, at *1 (S.D. Cal. Oct. 6, 2020)

  • Solis is 41 years old and is obese.
  • He has asthma that must be managed with an inhaler, as well as a history of deep vein thrombosis and pulmonary embolism. Solis previously suffered a blood clot in his calf that affected his lungs and led to his hospitalization.
  • Solis experienced COVID-19 symptoms while at FCI Lompoc, including throbbing pain in his lung, but was not tested.

United States v. Fader, 2020 WL 5807959, at *1 (D. Me. Sept. 29, 2020)

  • 120 months for cocaine, release date November 2020
  • Type 2 diabetes, obesity, hypertension, enzyme deficiency
  • FCI Aliceville

Gilson v. United States, 2020 WL 5834416, at *1 (E.D. Va. Sept. 30, 2020)

  • 144 months for drugs, release date is September 2027, he was arrested in 2018
  • FCI Williamsburg
  • Age 41, asthma, obesity, type 2 diabetes, hypertension, sleep apnea
  • Third, the § 3553(a) factors weigh in favor of Petitioner’s compassionate release. The seriousness of Petitioner’s conduct for his underlying offense remain unchanged. However, Petitioner’s last violation conviction was for a misdemeanor seventeen years ago. While in prison, Petitioner has taken advantage of counseling, educational, and employment opportunities, including completing a drug treatment and education program. Petitioner has maintained regular work as an orderly for the last sixteen months. With the exception of a single non-violent disciplinary infraction, Petitioner has not committed any violent or drug related offenses while incarcerated in the last three years. Petitioner has also maintained contact with his family and has a strong support system upon release.

United States v. Brooks, 2020 WL 5849712, at *1 (W.D. Pa. Sept. 30, 2020)

  • 210 months for heroin dealing, imposed 2009
  • FCI Ashland, release date is March 2023
  • Diabetes, hypertension

United States. V. Morrissey, 2020 WL 5849645, at *1 (D. Neb. Oct. 1, 2020)

  • 15 months for distributing 100 g of heroin, sentenced January 2020, self-surrendered in March 2020
  • FCI Waseca
  • Found out she was pregnant, now at MINT at Family Guidance Center in Illinois
  • High blood pressure, polycystic ovary syndrome
  • Cites United States v. Schneider, 2020 WL 2556354 as a pregnancy case

United States v. Holloway, 2020 WL 5893639, at *2 (D. Md. Oct. 5, 2020)

  • 180 months, ACCA mandatory minimum, started November 2010
  • Allenwood Low FCI, minimum security, he has served almost 10 years, with good time credit his projected release is August 2023
  • Hypertension, mild chronic renal failure, prediabetes

United States v. Smith, 2020 WL 5893737, at *1 (D. Md. Oct. 5, 2020)

  • FCI Cumberland
  • Release date March 2021
  • 2017 entered plea for 48 months, has served 42 months
  • Asthma, type 2 diabetes
  • 3553 – Considering all of the circumstances, I find that granting release at this time would be consistent with the sentencing factors set forth in § 3553(a)—Smith will continue to serve his sentence, albeit in a different capacity, thus reflecting the seriousness of the offense, promoting respect for the law, and providing just punishment. § 3553(a)(2)(A).

United States v. Cannon, 2020 WL 5887341, at *1 (E.D. Mich. Oct. 5, 2020)

  • 188 months, release date is 2028; sentenced in 2017
  • 71 years old, diabetes, stage 3 kidney disease, obesity, hypertension, gout, high cholesterol
  • Govt argues danger based on drugs, while conceding there was no violence or guns, court cites age and medical issues, and financial support of his siblings and children, will have employment

United States v. Wilson, 2020 WL 5894193, at *2 (N.D. Iowa Oct. 5, 2020)

  • 136 months, incarcerated since 2013, major criminal history, career offender
  • Stage 1 chronic kidney disease, diabetes, hyperlipidemia, obesity, hypertension, difficulty breathing while on his back
  • FCI Sandstone, 60 years old
  • 3553 – On one hand, defendant’s recidivist criminal history is highly aggravating and ties directly into the instant offense. On the other hand, the underlying offense itself was not violent or otherwise aggravating and defendant has served a substantial majority of his sentence. Further, defendant’s violent convictions are temporally remote, he has performed well in prison, he has completed two drug treatment programs, and he has a suitable residence to go to if released.

United States v. Suggs, 2020 WL 5816485, at *1 (D.D.C. Sept. 29, 2020)

  • 240 months imprisonment, the statutory mandatory minimum; kilo of PCP
  • FCI Cumberland, release date is 2024
  • Diabetes and hypertension
  • Indeed, even at the time the Court sentenced defendant it noted that but for the statutory mandatory minimum, it would not have been inclined to impose such a lengthy sentence
    • Had called them draconian at sentencing
    • Notes never violent
  • Discredits BOP number due to lack of testing
  • In addition, notwithstanding BOP’s efforts to control the spread of COVID-19 within its institutions, it “cannot seriously be disputed” that an individual is better able to control his risk of contracting COVID-19 outside of prison and that reducing the overall prison population is an important mitigation strategy for those who remain incarcerated.

United States v. Rank, 2020 WL 5801657, at *1 (N.D. Iowa Sept. 29, 2020)

  • 240 months for drug offenses; Government had filed a 851 at sentencing; started sentencing in 2006
  • Greenville FCI, release date April 2023
  • As I have previously stated, I agree with those courts that have found that although the Guideline provides helpful guidance on what constitutes extraordinary and compelling reasons, it is not conclusive given the recent statutory changes
  • Has “medical conditions of hypertension, abnormal liver function/fatty liver, obesity and type two diabetes with mellitus”; is 55 years old, Chronic Care 2

United States v. Dufresne, 2020 WL 5803224 (D.N.H. Sept. 29, 2020)

  • MDC Brooklyn
  • 63 months for bank robbery; consecutive to state sentence, has served 17 months of federal sentence
  • Dufresne currently suffers from chronic obstructive pulmonary disease (“COPD”), asthma, and bronchitis.
  • 3553(a) – “finding that “the bulk of the Section 3553(a) factors weigh in favor of compassionate release”

United States v. Brown, , at *1 (E.D. Pa. Sept. 29, 2020)

  • 180 months for mortgage fraud, release date November 2027
  • FCI Fort Dix
  • Atherosclerosis (10-year risk of heart disease or stroke is 12.4%, ECG on August 21, 2020 marked “abnormal”, possible left ventricular hypertrophy or ischemia), asthma, sleep apnea, prediabetes, and obesity. Further, Brown’s records confirm that he suffers from chronic kidney disease and hypertension
  • Discusses Government argument that outbreak has not been major
    • That strikes the Court as a risky deal-with-it-only-if-forced-to strategy.
    • The Government admits that there have been at least 37 inmates infected at Fort Dix, but contends there are no currently infected inmates. However, the large population at Fort Dix, along with the lack of testing at the facility, may fail to accurately portray the crisis at the prison.
  • “In fact, the Court is somewhat skeptical of the Government’s confidence in BOP containment efforts. The BOP did not institute a policy requiring staff to wear face masks until August 27, 2020, and even that guidance contemplates religious exemptions, medical exemptions, and outright refusals to comply with the mask mandate.”
  • Further, BOP employees are permitted to continue working after potential exposure to COVID-19
  • In light of the history of confirmed cases of COVID-19 at FCI Fort Dix, and the BOP’s protocols which do not include mass-testing of inmates or any testing of staff, the Court finds there is more than a mere speculative risk of infection at Fort Dix.

United States v. Michel, 2020 WL 5791176 (S.D. Fla. Sept. 28, 2020)

  • Miami FDC, release date November 2020
  • Sentenced to 15 months, then violated supervised release and got 10 more months, court in SD granted release but EDNC had jurisdiction
  • 57 year old, veteran

United States v. Harrison, 2020 WL 5702106, at *1 (D.D.C. Sept. 24, 2020)

  • 180 months in prison, projected release is January 2025 for cocaine, in 2012
  • FCI Gilmer
  • Firearms found in home but court does not see offense as involving violence

United States v. Turner, 2020 WL 5717096, at *1 (E.D. Wis. Sept. 24, 2020)

  • 72 months in prison sentenced on March 2020, drugs and firearms
  • Detained since 2018, release date is July 2023
  • Mother of 8 year old daughter murdered after sentencing
    • Aunt needs help financially and logistically
    • “I see no requirement in the guideline or the statute that defendant also demonstrate that he is the only available care-giver for his daughter”
  • 3553 and danger
    • “The government argues that a reduction would ignore the need for general deterrence. To be sure, releasing defendant now would result in a term less than Congress mandated in 18 U.S.C. § 924(c). But Congress also granted courts the authority to act in unusual and extraordinary circumstances, such as this one. And to the extent would-be drug traffickers pay attention to such matters, it is highly doubtful that the potential death of a child’s care-giver and how 18 U.S.C. § 3582(c)(1)(A) might apply in that situation factors into the decision whether to break the law.”

United States v. Fraga, 2020 WL 5732329, at *3 (D. Mass. Sept. 24, 2020)

  • 2017, sentenced to 45 months for heroin and fentanyl
  • Sentenced in January 2020, stayed in county detention center through April 2020, has a month left on sentence
  • “Were it not for COVID, Fraga would already have been transferred to a community setting”

United States v. Telson, 2020 WL 5742624 (S.D. Fla. Sept. 21, 2020)

  • FCI Coleman Low
  • 84 months for child porn, started sentence in 2017 has served 4 years (57%), release date is September 2021
  • “Longstanding history of hypertension…with his diagnosis persisting for over eleven years”
  • Discusses conditions of lock down, poor diet, increased stress levels
  • “Research has indicated that people with hypertension who contract the virus may suffer such adverse outcomes as lung injury or mortality.”
  • WORLD HEALTH ORGANIZATION has identified hypertension as one of the most significant risk factors for COVID-19-related death
  • Further, I find that Defendant’s crimes of conviction do not themselves render him a danger to the safety of others or to the community. Specifically, Defendant was convicted of receipt and possession—not distribution or production—of child pornography, and he did not attempt to either contact or meet with juveniles.
  • At sentencing, I varied downward from the Sentencing Guidelines because I did not believe that Defendant posed a danger to others and because it appeared that his anxiety, depression, and abuse of prescription medications contributed to his commission of the offenses. He had no criminal history and, with treatment, a low risk of recidivism.

United States v. Peterson, 2020 WL 5748112, at *1 (D. Minn. Sept. 25, 2020)

  • 86 months in prison for meth, sentenced 2018
  • FCI Waseca, release date July 2024
  • Obesity and asthma, extensive rehabilitative programming
  • Parties agree

United States v. Sarac, 2020 WL 5750848, at *1 (D. Nev. Sept. 25, 2020)

  • 24 months in 2018 for aggravated identity theft
  • Obesity, asthma, epilepsy

United States v. Brown, 2020 WL 5747194, at *1 (D. Md. Sept. 25, 2020)

  • 300 months for bank robbery in 2001
  • Career offender and mandatory guidelines
  • 52 years old, Victorville Medium, 19 years served (75%), release date May 2023, obesity, bad conditions at Victorville
  • Rejects danger to community argument
    • Cited advisory Guidelines now
    • Most crimes were from teenager years
  • Acknowledges Brown has not respected responsibility and blames others

United States v. Hunter, 2020 WL 5748115, at *1 (D.D.C. Sept. 25, 2020)

  • Mr. Hunter, now 63 years old, is serving the remainder of his sentence at FCI Edgefield; sentenced to Hobbes Act robbery in 2012
  • Cervical spine myelopathy, neuropathy, herniated discs, detached retinas, cataracts, type 2 diabetes, stage 2 hypertension, hepatitis C
  • Has served 72% of his sentence

United States v. Shelton, 2020 WL 5441225, at *1 (E.D. Tenn. Sept. 10, 2020)

  • USP Atlanta with a scheduled release date of May 20, 2035
  • 600 months upon resentencing

United States v. Andrade, 2020 WL 5505344, at *2 (E.D. Mich. Sept. 11, 2020)

  • 60 months for drugs
  • Although only forty-three, Andrade’s history of respiratory problems, obesity, and prediabetes puts him at an increased risk of severe illness from COVID-19, which is exacerbated by FCI Morgantown’s failure to perform testing on a substantial portion of its occupants.
    • Discusses HbA1c levels

United States v. Pimentel, 2020 WL 5500840, at *1 (S.D. Fla. Sept. 11, 2020)

  • 52 years old, money laundering, 46 months in prison, reduced to 31 on Rule 35 motion, release date June 2021
  • Upper respiratory disease, congestive heart failure, hypertension, hyperchloestedalmia, hyperlipidemia, supraventricular tachycardia

United States v. Vaughn, 2020 WL 5501311, at *2 (D. Conn. Sept. 11, 2020)

  • The defendant suffers from Right Bundle Branch Block—a heart condition which impacts the heart’s ability to pump blood efficiently through the body, as well as hypertension and periodontitis, each of which individually has been identified as an underlying condition which could worsen the impact, and therefore the outcome, of a COVID-19 diagnosis.
  • Sentenced to 144 months in 2014 for crack, has served 100 months

United States v. Wexler, 2020 WL 5517666, at *2 (D. Nev. Sept. 12, 2020)

  • Defendant is nearly 60, and suffers from “COPD, asthma, high blood pressure (hypertension), Barrett’s Esophagus (for which he has had two ablation procedures and require at least two more), arthritis, and has suffered two strokes and two heart attacks (2010-2012, respectively)

United States v. Potts, 2020 WL 5540126, at *1 (S.D. Fla. Sept. 14, 2020)

  • 240-month sentence. FMC Rochester, has served 14 years, release date is October 2023
  • His paraplegia is a consequence of a spinal cord injury he sustained in 1989. He also suffers from hypertension (high blood pressure), hyperlipidemia (high cholesterol), and obesity. Defendant is immunocompromised due to HIV, his paraplegia (which is linked to decreased immune function), and because of the surgical removal of his spleen, the organ responsible for fighting infection. He has had repeated upper respiratory infections, including two incidents of full bronchopneumonia in 2013 and 2016. Defendant has had neurogenic bladder (absence of bladder control due to nerve damage) since 2011, as well as neurogenic bowel (absence of bowel control due to nerve damage) since 2017. Defendant requires use of a suprapubic catheter which drains urine from the bladder through an incision in his stomach. Additionally, Defendant suffers from chronic infections both of his urinary tract (since 2010) and skin infections (since 2018). He has recurring chronic ulcers, likely due to his paraplegia and being wheelchair bound. Other medical problems include chronic rhinitis and vitamin D deficiency.

United States v. Johnson, 2020 WL 5513380, at *1 (M.D. Fla. Sept. 14, 2020)

  • Johnson, an 80-year-old retired veteran, was arrested on February 5, 2020, and charged with possession of a firearm by a convicted felon.
    • Sentenced to 8 months of prison
    • FCI Butner designated, but has been at Baker County Detention Center the entire time, due to be released in October 2020
  • Exhaustion waived since he is not in a BOP facility
  • Type 2 diabetes, chronic kidney disease, high blood pressure, heart murmur, PTSD, depression, sleep apnea
  • Also qualifies based on his age

United States v. Fletcher, 2020 WL 5535734, at *1 (D.N.M. Sept. 15, 2020)

  • 33 months, has served 23 months, projected release is January 2021
  • FCI Dublin, arthritis, warden recommended for consideration, needs wheelchair

United States v. Maher, 2020 WL 5535005, at *1 (D. Me. Sept. 15, 2020)

  • 262 months in 2004, FCI Fort Dix
  • Release date March 2023
  • 61 years old, COPD, emphysema, mass in his lungs

United States v. Sterling, 2020 WL 5549965, at *1 (S.D.N.Y. Sept. 16, 2020)

  • Defendant’s medical conditions include chronic obstructive pulmonary disease (“COPD”), chronic asthma, eczema caused by allergic reactions to common food items that defendant claims he cannot avoid in prison, and sciatica
  • 72 months for drugs, release date May 2021, has served 3 years

United States v. Khawaja, 2020 WL 5549123, at *2 (D.N.H. Sept. 16, 2020)

  • 30 months in 2018 for MDMA, FCI Danbury
  • Renewed motion with medical records this time
  • Recent diagnosis with asthma and is a former smoker; court notes it did not have records before when it denied motion
  • “Finally, the court weighs the sentencing factors against the strength of defendant’s extraordinary and compelling reasons for release” – 3553

United States v. Critchlow, 2020 WL 5544043, at *1 (S.D. Ind. Sept. 16, 2020)

  • 92 months, scheduled to be released on July 13, 2021, has served approximately 66 actual months, or 86%, of this sentence
  • Cites work during BOP and education programs
  • Obesity with BMI of 30.9; former smoker, pack a day for 22 years
  • Mother of children has been deemed unable to care due to drug abuse and neglect, these are basis for release
  • 1B1.13 not binding
  • FCI Terre Haute
  • “The CDC Guidelines make no distinction between individuals whose obesity is being managed and those whose obesity is not being managed. Further, it is not clear that Mr. Critchlow’s obesity is being effectively managed given that he has remained obese throughout his incarceration at USP Terre Haute. The fact that Mr. Critchlow quit smoking in 2017 is unpersuasive given that the CDC Guidelines indicate that both smokers and former smokers may be at an increased risk of severe illness or death from COVID-19.”

United States v. Stockton, 2020 WL 5544203, at *3 (D. Md. Sept. 16, 2020)

  • 390 months, reduced to 324 months
  • Murders and drugs
  • Has served 253 months, 21 years in prison, projected release is December 2022
  • Asthma, 49 years old, allergies, hyperlipidemia, mild obesity
  • FCI Fort Dix

United States v. Tippett, 2020 WL 5542141, at *1 (S.D. Ohio Sept. 16, 2020)

  • Chronic COPD, high blood pressure, diabetes, sleep apnea, and asthma
  • 96 months, release date June 2021
  • 1B1.13 – the defendant’s health conditions would substantially diminish his ability to provide self-care within the environment of a correctional facility if he contracts COVID-19

United States v. Bostic, 2020 WL 5544201, at *1 (D. Md. Sept. 16, 2020)

  • Sentenced to 210 months in 2010, then reduced to 168 months
    • Has served 127 months
  • FPC Lewisburg
  • COVID-19 and recent death of daughter’s mother
  • Hypertension, deep vein thrombosis

United States v. Rice, 2020 WL 5569616, at *1 (N.D. Ohio Sept. 17, 2020)

  • 240-months imprisonment, sentenced in 2005
  • Asthma, obesity, Crohn’s disease
  • Has served most of his sentence

United States v. Wiley, 2020 WL 5569952, at *1 (D. Neb. Sept. 17, 2020)

  • D has history of Hypertension, Hyperlipidemia, Coronary Artery Disease. Chronic Unstable Angina, Coronary Arteriosclerosis, and an Acute Myocardial Infarction
  • Significant heart issues, has stents
    • Continuing research further indicates that Mr. Wiley’s fears are well-founded. To quote one recent paper, “[p]re-existing cardiovascular disease seems to be linked with worse outcomes and increased risk of death in patients with COVID-19, whereas COVID-19 itself can also induce myocardial injury, arrhythmia, acute coronary syndrome and venous thromboembolism.” *5
  • 151 months in 2007, reduced to 120 months, then 97 months
  • Served time on state case that was made consecutive to the federal case
  • Release date now September 2024, at FCI Beaumont Medium

United States v. Sarpong, 2020 WL 5578420, at *1 (S.D.N.Y. Sept. 17, 2020)

  • CI Moshannon
  • Type 2 diabetes, obesity, kidney disease
  • 235 months, has completed 221, will be deported when released

United States v. Turner, 2020 WL 5569532, at *1 (D. Md. Sept. 17, 2020)

  • “He is currently serving a 96-month sentence at FCI Gilmer as a result of his convictions for conspiracy to interfere with commerce by robbery and robbery”
    • Has served 6 years, projected release is March 2021
  • “The Department of Justice (“DOJ”) has recognized the unique risks posed to inmates and BOP employees from COVID-19. The DOJ recently adopted the position that an inmate who presents with one of the risk factors identified by the CDC should be considered as having an “extraordinary and compelling reason” warranting a sentence reduction”
  • Asthma, type 2 diabetes
  • Eligible for HC but crime of violence and BOP regs preclude release

United States v. Hassan, 2020 WL 5424797, at *1 (D. Minn. Sept. 10, 2020)

  • 120 months after jury trial, Conspiracy to Provide Material Support to a Foreign Terrorist Organization and two count of making a False Statement to the FBI
  • 73 years old, hypertension, hyperlipidemia, arthritis, PTSD, thyroid disorder, pre-diabetes
  • Release date November 2021
  • Probation had already approved release plan, so just stayed for time to make travel arrangements

United States v. Hickman-Smith, 2020 WL 5593908, at *1 (D. Neb. Sept. 18, 2020)

  • Mandatory minimum 120 months for drug crime, higher than the Guidelines
    • Has 4 years left on sentence, this is only felony, 31 years old
  • Hypertension, obesity, sleep apnea
    • Rejects government argument that hypertension diagnosis is recent and controlled by medication and that obesity can be cured with diet and exercise
    • “Sleep apnea is known to decrease oxygen levels and affect normal heart rhythms and higher levels of C-reactive protein”
  • FCI Safford – describes conditions such as no social distancing or cells, “just warehousing; no dividers between bunks”
    • Defendant is one of the low-risk populations, and those tend to have higher density and more commingling

United States v. Ramirez, 2020 WL 5637402, at *1 (W.D. Va. Sept. 21, 2020)

  • Ramirez is currently incarcerated at FCI Milan and has a projected release date of October 3, 2022; sentenced to 60 months in 2018
  • Coronary artery disease, hypertension, type 2 diabetes

United States v. Sullivan, 2020 WL 5630508, at *1 (N.D. Ill. Sept. 21, 2020)

  • D had open heart surgery for an aortic dissection in 2018, suffered a stroke shortly after that, and suffers from other significant physical impairments, including hypertension, hyperlipidemia, potentially sleep apnea, and gastroesophageal reflux disease
  • 54 months, imposed September 2019, heroin, fentanyl, and crack
  • FCI Terre Haute
  • “The amount of time served to date by Sullivan does not adequately account for the seriousness of his offense; the Court concluded as much when it sentenced Sullivan to a fifty-four month prison term. On the other hand, although Sullivan has a criminal history, including several felony convictions, it is largely in the distant past: his last felony conviction was in 1999, over twenty years ago. And although the Court was satisfied at the time of sentencing that it was imposing a fair and reasonable sentence, matters have changed significantly. Sullivan is now exposed to an infectious virus, the spread of which is almost certainly increased in a prison environment. And he faces a significant risk of a severe outcome if he contracts the virus. In short, Sullivan faces a significant risk of serious bodily harm. Requiring him to be subjected to this severe risk for an extended period does not, in the Court’s view, amount to just punishment, nor does it promote respect for the law.”

United States v. Juarez-Parra, 2020 WL 5645703, at *1 (D.N.M. Sept. 22, 2020)

  • 168 months imprisonment, which it later reduced to 147 months pursuant to 18 U.S.C. § 3582(c)(2) based on a guideline sentencing range that had subsequently been lowered and made retroactive
    • Has served 119 months, projected release date June 2021
  • Moshannon Valley Correctional Institution
  • The Government secured medical records that establish Mr. Juaréz has diagnoses of type 2 diabetes, chronic obstructive pulmonary disease (COPD), morbid obesity, hypertension, and asthma.
  • Rejects government argument that conditions are “under control” and that defendant is already receiving “appropriate medical care”
    • “More importantly, the CDC states that individuals with these underlying conditions are at a greater risk; not only individuals with uncontrolled conditions.”
  • Will be deported after release

United States v. McNish, 2020 WL 5646443, at *1 (E.D. Pa. Sept. 22, 2020)

  • 156 months at FCI Fort Dix; record identity fraud, bought gun through straw purchase as a felon
  • Release date is August 2022
  • Rejects government response that number of cases suggests there is not a sustained or serious outbreak at Fort Dix
    • “Perhaps there are relatively few symptomatic or confirmed cases of the virus at Fort Dix FCI. The Court does not subscribe to this line of thinking. It suggests that ignorance is the best policy: Fort Dix only needs to be concerned when confirmed cases increase. That strikes the Court as a risky deal-with-it-only-if-forced-to strategy. A successful strategy for dealing with the virus in prisons must prevent this deadly scourge from infecting individuals and not simply treat infected individuals. And one cannot know the full extent of the problem if most of the individuals at Fort Dix FCI remain untested.” *3
  • Chronic kidney disease
  • 3553-
    • The Court finds that, upon weighing the extraordinary and compelling reasons for McNish’s reduction of sentence against the sentencing considerations set forth in Section 3553(a), he is entitled to compassionate release.

United States v. McKinney, 2020 WL 5642113, at *1 (N.D. Ohio Sept. 22, 2020)

  • FCI Terre Haute, 90 months for firearm possession
    • Release Date November 2021
  • Type 2 diabetes, case cites
  • In light of his progress while in prison, minimal time remaining on his sentence, and non-violent nature of his criminal history, I find McKinney is not currently a danger to the community and that the § 3553(a) factors weigh in favor of a reduction of sentence to time served

United States v. Derricoatte, 2020 WL 5629095, at *1 (N.D. Ohio Sept. 21, 2020)

  • 168 months, career offender
  • FCI Elkton, projected release February 2023
  • 1B1.13 not binding
  • No extraordinary and compelling reasons based on COVID-19 because he has already contracted and recovered from the virus
    • Instead says nature of time in Bop, with restrictions, “such as cancelling programs and limiting movement,” his sentence is “riskier and more severe”
    • Also says subsequent changes in the law mean he “is serving a drastically longer sentence than he would if he was sentenced today”

United States v. Plunkett, 2020 WL 5653258, at *2 (D. Md. Sept. 23, 2020)

  • 180 months of imprisonment, big time history
  • BMI over 38, morbidly obese
  • FCI Cumberland, medium security, has served 112 months, 62%
  • Diabetes, hypertension, high cholesterol, obesity, pulmonary disease
  • “The Department of Justice (“DOJ”) has recognized the unique risks posed to inmates and employees of the Bureau of Prisons (“BOP”) from COVID-19. The DOJ has adopted the position that an inmate who presents with one of the risk factors identified by the CDC should be considered as having an “extraordinary and compelling reason” warranting a sentence reduction.” *6

United States v. Howard, 2020 WL 5644880, at *1 (M.D. Ala. Sept. 22, 2020)

  • 102 months plus 84 months for brandishing firearm
  • Has served 5 years, 63%, projected release August 2022
  • 69 years old, type 2 diabetes, obesity, hypertension, high cholesterol
  • Coleman Low FCI
  • “Dr. Diaz also credibly opined that the conditions in which Howard is living are not safe for him. Howard testified that the L-shaped building in which he lives houses about 150 inmates. There are rows of two-man cubicles running down both side of each part of the “L,” and in the center of each wing, there is a row of three-man cubicles. Howard is housed in an approximately eight-by-ten-foot three-man cubicle, where he sleeps in a bed approximately two feet from a bunk bed where his two roommates sleep. The only thing that separates him from in the next cubicle is a 64-inch divider wall, and there is a bunk bed positioned directly on the other side of the wall next to which he sleeps so that the breath of the inmate on the top bunk can fall directly on him. While all inmates are issued cloth masks, use by inmates and staff has been inconsistent but improving, and staff encourage inmates to use them mostly when prisoners are in the common areas and during count. Dr. Diaz testified that, while the cloth masks are helpful, they will not prevent infection in people living in such close proximity to each other. He made clear that the most effective way to stop transmission is testing, and that based on the medical records, Howard had not been tested. Based on Howard’s testimony, it appears that, in his unit, only symptomatic inmates and their cubicle-mates have been removed from the unit and tested.” *4
  • The far more difficult issue in this case is the application of the factors in 18 U.S.C. § 3553(a) to the decision whether to grant a sentence reduction. The court has struggled with whether a reduced sentence would be sufficient given Howard’s offenses.
    • “However, the balance of factors weighs in favor of reducing Howard’s sentence. During his over five years of incarceration, Howard has had no disciplinary infractions, has worked consistently in the UNICOR and education programs, has completed a 120-hour drug treatment program, and has been assessed by the BOP as having a “minimum” risk of recidivism. See 18 U.S.C. § 3553(a)(1); § 3553(a)(2)(C). He had no criminal history prior to the current offense other than a driving under the influence charge many years earlier. See id. As discussed earlier, he has served well over half of his sentence. See § 3553(a)(2)(A) & (B). His adult daughter has committed to obtaining a place for him to live, and he has a means of supporting himself outside of prison, as he will be receiving social security. See § 3553(a)(2)(C).”

United States v. Herman, 2020 WL 5437733, at *1 (E.D. Wash. Sept. 10, 2020)

  • Defendant was sentenced to 186 months imprisonment and eight years of supervised release. ECF Nos. 123, 124. His projected release date is January 5, 2022
  • 57 years old, hypertension, obesity, Barrett’s Disease (recovered), hepatitis C
  • FCI Sandstone
  • Eligible for home confinement but USPO wouldn’t take him under policy not to take CARES Act releases with more than one year left on sentence
  • Eligibility for HC weighs in favor under 3553(a) factors

United States v. Morales, 2020 WL 5369198, at *1 (D. Conn. Sept. 8, 2020)

  • 135 months of imprisonment and three years of supervised release.
  • Fort Dix, release date March 2022
  • 56 years old, asthma, type 2 diabetes, hypertension
  • Government argues seriousness of the offense under 3553(a), but court says there is nothing in the records showing he would be danger to community
  • Defendant has undisputedly demonstrated extraordinary and compelling reasons justifying his release in light of his age, diabetes, hypertension, and asthma, as these conditions place him at higher risk for developing a severe case of COVID-19
  • Served 72% of his sentence, minimizing disparity between him and similarly situated defendants, 3553(a) weighed in favor of release

United States v. Wilson, 2020 WL 5369039, at *1 (E.D. Mich. Sept. 8, 2020)

  • 57 months of incarceration
  • Notes prior convictions took place more than 9 years ago, has served 60% of sentence, 3553(a), no disciplinary infractions, family support
  • Heart disease

United States of Am. v. Jared Gil, 2020 WL 5369192, at *2 (D.N.H. Sept. 8, 2020)

  • Designated at FCI Danbury, but re-routed to FCI Fairton, now considered “holdover” inmate so he cannot take part in BOP programs, orientation, etc
  • 40 months for drug trafficking
  • Moderate asthma, government concedes it puts him at high risk, government also has medical expert
  • The court also considers defendant to pose a low risk for dangerousness based on his minimal criminal history prior to the federal offense. Defendant’s federal offense—committed when he was age 25—was his first adult criminal conviction.
  • 3553(a) – he’s not getting rehabilitation because he’s holdover inmate
  • Seriousness and deterrence – release date is January 2022, has served half his sentence based on good time

United States v. Vanover, 2020 WL 5412977, at *1 (E.D. Ky. Sept. 9, 2020)

  • 42 months imprisonment for oxy distribution
  • FMC Lexington, release date January 2021
  • Hypertension, 46 years old, sleep apnea, diabetes, obesity, coronary artery disease, hyponatremia, diabetes “under poor control,” in wheelchair
  • Presents de minimis risk of recidivism, based on medical condition and being stuck in wheelchair, recent bowel surgery

United States v. Butler, 2020 WL 5369753, at *1 (E.D. Pa. Sept. 8, 2020)

  • 175-month term of imprisonment for Hobbs Act robbery of clothing store
  • Incarcerated for 10 years, release date is May 2023 (75% served)
  • FCI Schuylkill
  • 61 years old, obesity, hypertension, sleep apnea, anxiety
  • “Obesity alone puts him at risk of serious illness”
    • Government said obesity “unquestionably meets the test for an extraordinary and compelling reason”
  • “Even if it were expected that Butler could recover from his diagnosis of obesity at some point in the future, he could not possibly recover quickly enough to protect himself from the immediate threat of COVID-19 in his prison facility and the severe or fatal consequences that he could suffer because of his obesity if he contracts the virus.”
  • The same is true for those with obesity. Id. The Court agrees with the Government that neither hypertension nor sleep apnea independently constitute CDC-identified risk factors for severe illness with COVID-19. But the Court considers these conditions as additional evidence that Butler’s obesity—which is a CDC-identified risk factor for severe illness—creates a risk of serious health complications for him due to COVID-19.
  • The Court may consider the amount of time left on a defendant’s sentence in deciding a motion for compassionate release. United States v. Pawlowski, 967 F.3d 327, 331 (3d Cir. 2020). This is so because the length of time the defendant has already served is highly relevant to whether a reduced sentence will still sufficiently reflect the seriousness of the offense, promote respect for the law, provide just punishment, afford adequate deterrence to criminal conduct, and avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct.

United States v. Cooper, 2020 WL 4195273, at *1 (S.D.N.Y. June 11, 2020)

  • FCI Fort Dix
  • 10 years for enticing a minor, release date April 2022, was 22 at time of offense
  • Asthma, 32 years old, prior history of pneumonia and bronchitis “significantly increase the risk”

United States v. Gilchrist, 2020 WL 5408138, at *1 (D. Kan. Sept. 9, 2020)

  • FCI Yazoo City-Medium, sentenced to 180 months
  • Asthma, release date September 2025
  • Medical expert telemedicine with inmate, uses inhaler, moderate enough

United States v. Owens, 2020 WL 5440327, at *1 (E.D. Mich. Sept. 10, 2020)

  • FCI-Milan
  • Morbid obesity, hypertension, diabetes, sleep apnea, 30 years old
  • 20 months served of 40 month sentence for heroin and firearm

United States v. Smallwood, 2020 WL 5486729, at *1 (W.D. Ky. Sept. 11, 2020)

  • 25 years imprisonment for arson that caused death, served 12 years
  • Lost her tongue, had tongue cancer
  • Carswell FMC
  • Cancer survivors are high risk

United States v. Rodriguez, 2020 WL 5491943, at *1 (D. Mass. Sept. 10, 2020)

  • FMC Devens
  • 51 years old, half of 20-month sentence, distributing fentanyl

United States v. King, 2020 WL 5440324, at *1 (E.D. Mich. Sept. 10, 2020)

  • Defendant Chevize King is a federal prisoner incarcerated at FCI Ashland in Boyd County, Kentucky. King is 46 years old and he suffers from several medical conditions, including obesity and asthma
  • Release date November 2021, 48-month sentence for firearms
  • Cites studies on obesity and asthma and high blood pressure
  • 3553 – nature of time served – Moreover, King’s counsel has represented to the Court that because of COVID-related policies at FCI Ashland, King has been subject to stricter-than-normal terms of incarceration. For example, counsel has represented that beginning on April 1, 2020, FCI Ashland instituted a “lockdown” in an effort to mitigate the spread of COVID-19. (See Supp. Br., ECF No. 40, PageID.611.) The lockdown limited (or eliminated) prisoner “access to phones, computers, [and] law library materials. The chow hall and gym were also closed. Inmates could no longer work [and there was] no recreation time, no commissary, and no [Bureau of Prison] programing.” (Id.) And while FCI Ashland has slowly started to lift this lockdown, and inmates have more freedom of movement and the ability to engage in work and recreational activities than they did during the spring and summer, several restrictions will remain in place for the foreseeable future. (See id., PageID.612.) King says that these restrictions have “taken a toll” on him both “mentally and physically.” (Id., PageID.612-613.) Had the Court known when it sentenced King that he would be subjected to such additional restrictions while incarcerated, it may have sentenced him to a shorter term of imprisonment.

United States v. McElrath, 2020 WL 5423067, at *1 (D. Minn. Sept. 10, 2020)

  • FCI-Oxford, projected release January 2021
  • 276-months for crack cocaine
  • Prediabetes, obesity, organ loss, hypertension, hyperlipidemia, prostate disorder, reflux, hernia, leg amputated and uses wheelchair

United States v. Belander, 2020 WL 5351028 (D. Me. Sept. 4, 2020)

  • 132 months for drugs and stash house
    • Convicted in 2016-2017
  • FMC Devens, Type 2 diabetes, 62 years old, hypertension, BMI obese 34.4
  • 3553 – egregious crime, disciplinary issues, acknowledges it undermines seriousness of the offense
    • But others outweigh, including disparity because the sentence is more severe for an old person than young person

United States v. Long, 2020 WL 5291962, at *1 (S.D. Fla. Sept. 4, 2020)

  • 90 years and 10 months for bank robbery
  • Unopposed by Government
  • 72 years old, heart condition

United States v. Daley, 2020 WL 5350346, at *1 (M.D. Fla. Sept. 4, 2020)

  • CI D. Ray James
  • Charged in November 2018 with 500 grams or more of cocaine
  • 21 months in prison; release date March 2021
  • Asthma, albuterol
    • Says this is not 1B1.13, but has discretion under catch-all
      • Under catch-all, finds risk of COVID-19 is reason

United States v. Meron, 2020 WL 5257611, at *1 (E.D. Cal. Sept. 3, 2020)

  • FCI Sheridan, 33-month sentence for wire fraud
  • Release date December 2021
  • Renewed motion
  • Survived testicular cancer, psoriasis, medication for erectile dysfunction
    • Meron argues that his history of cancer, low testosterone levels and use of corticosteroids for his psoriasis put him at high risk for serious complications if he is infected with COVID-19.
    • Lists expert analysis of psoriasis and past cancer, corticosteroid use as a suppressant of immune system
      • United States Nemec, No. 16-CR-00134-SI-1, 2020 WL 4547158, at *2 (N.D. Cal. Aug. 6, 2020) (finding “extraordinary and compelling reasons” existed where defendant was not able to control his arthritis and psoriasis without the use of immunosuppressing drugs “that would render him particularly vulnerable to COVID-19”); see also United States v. Robinson, No. 18-CR-00597-RS-1, 2020 WL 1982872, at *2 (N.D. Cal. Apr. 27, 2020) (noting persons with “severe forms of psoriasis requiring immunosuppressive therapies may be at greater risk of infection” from COVID-19 and finding extraordinary and compelling reasons for release).

United States v. Ford, 2020 WL 5259254, at *1 (E.D. Wis. Sept. 3, 2020)

  • Sentenced to 150 months
  • January 7, 2024 release date, FCI Elkton
  • Type 2 diabetes, diabetic neuropathy, hypertension, liver, obesity

United States v. Perez Alvarado, 2020 WL 5203386, at *2 (S.D. Cal. Sept. 1, 2020)

  • Has served 52 months of 92-month sentence for cocaine smuggling, illegal reentry, career offender
  • 68 years old, metastatic colon cancer, type 2 diabetes, hypertension
  • FMC Butner

United States v. Perry, 2020 WL 5116155, at *1 (E.D.N.Y. Aug. 31, 2020)

  • 81 months, drugs and firearm
  • FMC Devens, release December 2021
  • 53 years old, high blood pressure, high cholesterol, type 2 diabetes, BMI over 30 obesity; paralyzed from the waist down
    • Mostly based on that, not as much risk of COVID-19

United States v. Brown, 2020 WL 5116781, at *4 (S.D. Fla. Aug. 31, 2020)

  • Sentenced to 113 months’ imprisonment. Defendant is currently housed at Forrest City Low, scheduled to be released July 10, 2022
  • Type 2 diabetes, hypertension
  • Cites DOJ
    • “The Government also affirms that, pursuant to updated internal guidance from the DOJ, inmates such as Defendant who present certain CDC risk factors, including Type 2 diabetes and hypertension, automatically establish extraordinary and compelling circumstances

United States v. Shehee, 2020 WL 5229030, at *1 (E.D. Wash. Sept. 1, 2020)

  • 47 years old, paraplegic, obesity, restrictive lung disease, asthma
    • “Lung age” is over 84 years old
  • Cites OIG report at Lompoc and Tucson
  • 72 months in prison, indicted in 2018

United States v. Nunez, 2020 WL 5237272, at *1 (E.D. Pa. Sept. 1, 2020)

  • 72-month term of incarceration, sentenced in 2018
    • Has served 47 months
  • USP Lewisburg, release date October 2022
    • Cites lack of mass testing to say the count is higher than reported
    • Finds continued presence there is extraordinary and compelling reason
  • 42 years old, medically obese, gout, tuberculosis
  • Government argues danger based on prior conviction for heroin, firearm in the offense, lot of heroin, fled to Mexico after indictment filed
  • Not a danger, showing rehabilitation, substantial assistance, accepted responsibility, no disciplinary infractions, got his GED, strong support system and tied to community

United States v. Williams, 2020 WL 5228141, at *1 (N.D. Ohio Sept. 2, 2020)

  • 103 months imprisonment, drug offense
    • Has served 45 months
  • 61 years old, FCI Elkton
  • Not danger
    • Cites age, programs during time in prison, poor health
  • Diabetes, neuropathy, hypertension, high cholesterol, hepatitis-C, morbid obesity, COPD

Zellner v. United States, 2020 WL 5240579, at *1 (E.D. Va. Sept. 2, 2020)

  • 384 months imprisonment, had served 21 years
  • Stole car, robbed dealer, kidnapped dealer’s girlfriend, took cash
    • Girlfriend later killed, but not by petitioner
  • Chronic kidney disease and obesity, hypertension, sarcoidosis, pre-diabetes
  • Motion for reconsideration based on new evidence, avoid manifest injustice
  • Notes he’s over 50 years old, started sentence when he was 27

United States v. Dunlap, 2020 WL 5231359, at *1 (D.D.C. Sept. 2, 2020)

  • Dunlap is 55 years old, and he contends that he suffers from various serious medical conditions, including “obesity, ‘abnormality of [the heart’s] aortic arch branch,’ ‘renal insufficiency,’ ‘diverticulitis of the colon,’ ‘rectal bleed[ing],’ ‘elevated CPK’ (creatinine levels), ‘positive MRSA culture’ (staph infection), ‘subcutaneous mass of neck,’ and a history of spinal fusion that has rendered him mostly paralyzed in the right arm.”
  • FCI Schuylkill
  • Discusses EKG and heart rate, artery and abnormality in cardiac condition, intermittent chest paints
  • Cites cases of releases for cardiac arrhythmia and cardiomegaly
    • United States v. Miller
    • United States v. Lacy
  • BOP had referred to outside/local care, never got it

Baldwin v. United States, 2020 WL 4925669, at *2 (D. Md. Aug. 21, 2020)

  • 72 months of imprisonment, projected release is June 2021
  • Hypertension, glaucoma, prediabetes
  • FCI Allenwood

United States v. Laing, 2020 WL 5032977, at *1 (S.D. Fla. Aug. 24, 2020)

  • 36 months, served 47% of his sentence
  • Waives exhaustion requirement
  • 72 years old, prostate cancer, hypertension, adenopathy, bladder disorder

United States v. Glover, 2020 WL 4923635, at *1 (D.D.C. Aug. 21, 2020)

  • Projected release is October 25, 2025
  • Hypertension, prediabetic, lung condition, served 70% of 240-month sentence
  • FCI Schuykill

United States v. Panton, 2020 WL 4505915, at *9 (S.D.N.Y. Aug. 4, 2020)

  • “Mr. Panton’s prior bouts with Legionnaire’s Disease in 1990 and pneumonia in 2011, both of which were serious and required hospitalization over numerous days, together with his high blood pressure, make him particularly susceptible to COVID-19. This circumstance also compels release.”
  • Mandatory life sentence for drug conspiracy
  • USP Big Sandy

United States v. Johnson, 2020 WL 4501513, at *3 (D.S.C. Aug. 5, 2020)

  • Exhaustion met despite inmate filing motion before 30 days are up
    • “To require Johnson to refile his motion now would be to elevate form over substance and would constitute a waste of judicial resources”
  • FCI Coleman Low
  • “If an inmate has a chronic medical condition that has been identified by the CDC as elevating the inmate’s risk of becoming seriously ill from COVID-19,7 that condition potentially could satisfy the standard of “extraordinary and compelling reasons.” Under these circumstances, a chronic condition (i.e., one “from which [the defendant] is not expected to recover”) reasonably may be found to be “serious” and to “substantially diminish[ ] the ability of the defendant to provide self-care within the environment of a correctional facility,” even if that condition would not have constituted an “extraordinary and compelling reason” absent the risk of COVID-19”
  • Chronic kidney disease, high blood pressure
  • “The Court is advised that the Department of Justice has taken the position that an inmate having one of the medical conditions identified by the CDC as placing an individual at increased risk for serious injury or death from COVID-19 constitutes an “extraordinary and compelling reason” under USSG § 1B1.13 comment”
  • DOJ GUIDANCE – United States v. Moon, No. CR 0:17-01151-MGL-1, 2020 WL 3958266, at *2 (D.S.C. July 13, 2020) (“The Court concurs with the Department of Justice’s position [that] an inmate ‘with a medical condition that the Center for Disease Control (CDC) has identified as a risk factor for COVID-19, and from which the inmate is not expected to recover,’ qualifies under the definition for extraordinary and compelling circumstances during this pandemic.” (modifications omitted)); United States v. Fischer, No. CR ELH-14-0595, 2020 WL 2769986, at *5 (D. Md. May 27, 2020) (“Notably, the Department of Justice has recognized the unique risks posed to inmates and employees. It recently adopted the position that any inmate who suffers from the chronic conditions associated with severe illness from COVID-19 should be considered as having an ‘extraordinary and compelling reason’ warranting reduction.”).
  • “Johnson has now served 50 percent of the incarceration term that was initially imposed, which period has provided just punishment for his offense and will, the Court hopes, deter future misconduct. In addition, Johnson’s family faces significant challenges with his medically ill eight-year-old son.

United States v. Ball, 2020 WL 4539023, at *2 (C.D. Cal. Aug. 5, 2020)

  • Exhaustion met despite inmate filing motion before 30 days are up
    • “The Court does not find the government’s argument availing because Ball’s counsel filed the administrative request for compassionate release with the warden on April 29, 2020, and more than 30 days have elapsed since that time”
  • 65 years old, diabetes, hypertension, kidney disease, hepatitis C, prostate cancer
  • Long and serious criminal history 3553, but other factors outweigh; “kind of sentences available”
  • Mental health issues, but not a danger

United States v. McKinnon, 2020 WL 4530737, at *1 (M.D. Pa. Aug. 6, 2020)

  • 480 months in prison, drug and firearm, assault on federal officers, money laundering
  • Obesity, hypertension, hyperlipidemia, coronary artery disease, kidney disease, “end of life, end stage”
  • 3553 – First, while many prisoners claim they have changed in prison, few of them can offer up the disciplinary cleanliness, history of hard work, and praise from prison staff that Mr. McKinnon has presented to the court.
  • Third, allowing Mr. McKinnon to leave prison after serving seventeen years will maintain respect for the law

United States v. Ludwig, 2020 WL 4547347, at *2 (E.D. Cal. Aug. 6, 2020)

  • FCI Beaumont Low, since November 2015, served 55 months of 84-month sentence, release date is January 2022
  • Liver disease (hepatitis C and B), history of smoking
  • Cites cases finding hepatitis B and C as extraordinary and compelling
  • “Despite what may be the BOP’s best efforts to control the spread of COVID-19, as detailed by the government in its opposition, , the record before the court demonstrates defendant cannot comply with the CDC’s recommendations while incarcerated at FCI Beaumont Low”
    • “The unrebutted record supports defendant’s allegation that physical distancing is not achievable in his particularized living quarters at FCI Beaumont Low, meaning he is likely at some point to be exposed to COVID-19”
    • “The court finds defendant’s living conditions and the situation at FCI Beaumont Low make it difficult if not impossible for defendant to protect himself from contracting COVID-19 by following the CDC guidelines applicable to his compromised physical condition.”

United States v. Shehata, 2020 WL 4530486, at *2 (D. Kan. Aug. 6, 2020)

  • Finally, the Government notes that defendant is subject to a DHS/ICE detainer for possible deportation to Egypt upon release. The parties agree, however, that such detainer does not inhibit this Court’s authority to release defendant under Section 3582(c)(1)(A). The Court agrees with defendant that the detainer should not prevent his release in this case, as any future issues may be addressed to immigration authorities.
  • Giles W. Dalby CI
  • 60 years old, diabetes, hypertension, hyperlipidemia, heart blockage, gout, anemia
  • 32-month sentence

United States v. Nemec, 2020 WL 4547158, at *1 (N.D. Cal. Aug. 6, 2020)

  • USP Lompoc, 57 months, served 39 months, money laundering
  • Projected release date April 19, 2021
  • Psoriatic arthritis, plaque psoriasis, injections which are immunosuppressant
  • Asthma, but not severe, recent high blood pressure readings

United States v. Villalobos-Gonzalez, 2020 WL 4569697, at *1 (W.D. Wash. Aug. 7, 2020)

  • 60 months for drug offense, projected release is September 25, 2020
  • Liver cirrhosis, thrombocytopenia, anemia, cardiac murmur, hepatitis, diabetes
  • FMC Fort

United States v. Hearron, 2020 WL 4569556, at *1 (D. Ariz. Aug. 7, 2020)

  • FCI-Terre Haute
  • 1992 sentenced to 5 life terms, career offender, marijuana and cocaine and 924(c)
  • 82 years old, heart failure, atrial fibrillation, renal insufficiency, gout, hypertension, has pacemaker
  • Care Level 3
  • Hearron is 82 years old, i.e., at least 65 years old. He is experiencing a serious deterioration in physical or mental health because of the aging process and has served approximately 30 years of his life sentence
  • Although Hearron was classified as a career criminal and was in a criminal history category IV when sentenced, the Court recognizes that currently drug trafficking defendants are often sentenced to lower terms of incarceration than when Hearron was sentenced.

United States v. Massingille, 2020 WL 4569562, at *1 (E.D. Mich. Aug. 7, 2020)

  • 70 months, felon with firearm and heroin, sentenced in April 2017, self-reported to FCI Morgantown
  • Projected release April 2022, served 40 months, 57%
  • Cites programs, low or minimum PATTERN score, referred to elderly program
  • Type 2 diabetes, diabetic neuropathy, hemoglobin reading from labs
    • Extensive conversation on diabetes risk
    • Hypertension, extensive discussion of high blood pressure
    • Obesity, extensive discussion of obesity
    • 65 years old
  • Moreover, Massingille’s inability to provide adequate self-care – both for his blood sugar levels while FCI Morgantown remains on lockdown and to practice social distancing and CDC-recommended hygiene practices while incarcerated – further weigh in favor of release
  • 3553 – “In addition, releasing Massingille is consistent with the goal of deterrence. Massingille has served a not insubstantial sentence in prison, and that lengthy period of custody is also long enough to achieve both general and specific deterrence. Moreover, the Court is impressed by Massingille’s re-entry plan and by the economic support that is available to him upon release (including pension funds). The family and financial support that will be available to Massingille upon release substantially diminish the risk of him re-offending and render additional time in custody unnecessary to achieve specific deterrence.”

United States v. Galaz, 2020 WL 4569125, at *1 (S.D. Cal. Aug. 7, 2020)

  • FMC-Carswell, served 14 months of 48-month sentence
  • 33 years old, obesity, history of smoking, tuberculosis, depression, pleural effusion (liquid in lungs) from tuberculosis), latent tuberculosis
  • Discusses obesity, history of smoking risks, and tuberculosis risks specifically
  • “While the Court notes that the CDC has not yet identified tuberculosis as an underlying medical condition that poses a higher risk factor, the Court still finds these health conditions concerning. Galaz’s health, like that of many others, has unfortunately suffered as a result of contracting tuberculosis while incarcerated”
    • District courts have recognized recent studies suggesting that latent tuberculosis, which can live in the body for years, can be activated by COVID-19, and have therefore released people with latent tuberculosis from prison
  • Mental health – This Court finds that Galaz’s diagnosed depression, see Ex. D at 34–37, 48, makes her release request especially compelling. Courts have recognized that the impact of COVID-19 is particularly severe for individuals suffering from depression, in addition to physical vulnerabilities.

United States v. Black, 2020 WL 4583056, at *1 (S.D. Ind. Aug. 10, 2020)

  • 180 months of incarceration for 924(c) during drug crime
  • Butner Medium II, projected release Feb 2023
  • Obese, asthma, diabetes
  • Court has previously held (and the Government has previously conceded) that morbid obesity combined with even mild asthma constitutes extraordinary and compelling reasons for release
  • Not danger, incarcerated 10 years, 75% of sentence, no disparity or diminish seriousness
  • “Rather, considering the extraordinary and compelling reasons brought about by the Coronavirus, further incarceration would be greater than necessary to serve the purposes of punishment set forth in § 3553(a)(2).”

United States v. Goode, 2020 WL 4586254, at *1 (S.D.N.Y. Aug. 10, 2020)

  • FMC Carswell, 48 months for oxycodone distribution through sham clinics, projected release is July 2021
  • Ms. Goode has a medical history of hypertension, anemia, dependence on dialysis, and chronic lower back and knee pain. Needs kidney transplant
  • COVID made this extraordinary, was not before

United States v. Williams, 2020 WL 5097490, at *1 (M.D.N.C. Aug. 28, 2020)

  • Bank robbery, 151-month sentence, in custody since 2014 for 93 months
  • 54 years old, neuropathy
  • Renal failure on dialysis, diabetes, hypertension
  • FMC Devens
  • Terrible criminal record, would be recidivism risk, but his medical condition now outweighs that

United States v. Owdish, 2020 WL 4596822, at *1 (E.D. Mich. Aug. 11, 2020)

  • 12 months and 1 day, for healthcare fraud, FCI Morgantown
  • 52 years old, obesity, hypertension, acute renal failure

United States v. Murphy, 2020 WL 4606416, at *1 (D. Me. Aug. 11, 2020)

  • 120 months, have served 86 months, projected release date of December 20, 2021
  • 59 years old, high blood pressure, high cholesterol, heart disease, skin cancer
  • Care Level 4, FMC Devens

United States v. Scott, 2020 WL 4597013, at *1 (D. Mass. Aug. 11, 2020)

  • MDC Brooklyn, after finishing state sentence, release date is November 2020
  • 39 years old, asthma, hypertension, type 2 diabetes

United States v. Duncan, 2020 WL 4669944, at *1 (M.D. Tenn. Aug. 12, 2020)

  • 360 months plus 60 consecutive, 851 enhancement and 924(c)
  • Sentenced on April 2015, have served 9 years
  • USP Terre Haute
  • Brain issues from being born premature, diabetes and is insulin dependent, hypertension, asthma
  • 3553 – would not be sentenced to life now, disparity

United States v. Blake, 2020 WL 4677309, at *1 (S.D. Fla. Aug. 12, 2020)

  • FCI Jesup, enticing a minor for 120 months, in 2015
  • Projected release is July 2021
  • 70 years old, stage 4 kidney disease, sleep apnea, hypertension, reflux
  • Submit Inmate Request to Staff
    • Govt argues it went to medical, not warden, court says making inmate re-request would be waste of judicial resources and cause undue prejudice
  • 3553 – served over half of his sentence, programs completed, no discipline, choir in the FCI Jesup church

United States v. Hardnett, 2020 WL 5074023, at *2 (E.D. Va. Aug. 27, 2020)

  • Initially sentenced to life, 396 months, 851 enhancement, reduced again to 300
  • Sentenced in 2004, served over 16 years
  • 45 years old, prediabetes, obesity (actually 28.6), irregular heartbeat, high cholesterol
  • Butner Low FCI, served most of his sentence

United States v. Wu, 2020 WL 5076746, at *1 (D. Colo. Aug. 26, 2020)

  • “chronic lung disease with TB infection in the past, moderate to severe asthma with hospitalization requiring breathing treatments, recent treatment for severe respiratory infections, hypertension, hyperlipidemia, type 2 diabetes, and arthritis of the back and hip”
  • FPC Englewood conditions, overcrowding of cells in his pod, lack of separation, sporadic use of masks by employees
  • Third, whatever else one might say about Mr. Wu, he has no history of violence. His illegitimate distribution of opioids was a community safety issue, but he no longer has a license to practice medicine.
  • Hardcore did not accept responsibility

United States v. Simon, 2020 WL 5077390, at *1 (S.D.N.Y. Aug. 27, 2020)

  • 66 months, release date February 2022, incarcerated since 2018, fentanyl and heroin, had served 27 months
  • FCI Fort Dix
  • 72 years old, HIV, COPD, hepatitis C, prostate cancer, hypertension
  • 3553 – offense was to feed his own heroin addiction and now has done RDAP
  • Notes it granted compassionate release to inmate’s co-defendants

United States v. Carter, 2020 WL 5057603, at *1 (D. Kan. Aug. 27, 2020)

  • MCFP Springfield, projected release is February 2023
  • Obesity, hypertension, sleep apnea
  • 151 months, already served 116 months

United States v. Lewis, 2020 WL 5095471, at *1 (W.D. Wash. Aug. 28, 2020)

  • Mr. Lewis is currently serving his sentence at FCI Herlong and has a projected release date of August 4, 2024.
  • 188 months for felon in possession and crack, Armed Career Criminal, Career Offender, 15 year minimum, consecutive 84 months state sentence
  • 43 years old, sickle cell trait
  • Offense in 2006, been in prison 14 years
  • Further, the government concedes there are some unquestioned physical consequences that can befall those possessing the sickle cell trait, and that sickle cell anemia is one of the conditions that puts people at the greatest risk of severe illness of death from COVID-19.

United States v. Tamayo, 2020 WL 4901635, at *2 (N.D. Cal. Aug. 20, 2020)

  • Tamayo’s diabetes and chronic kidney disease indisputably put him at greater risk of severe illness or death should he contract COVID-19.
  • FCI Oakdale
  • Government does not oppose, defendant served 80% of sentence

United States v. Cole, 2020 WL 4736298, at *1 (D. Or. Aug. 15, 2020)

  • FDC SeaTac
  • 22 months in 2019 for armed bank robbery
  • 51 years old, hepatitis C, hemangioma (birth defect)
  • This Court agrees with the reasoning of a majority of district courts and finds that the policy statement may provide “helpful guidance” but does not limit the Court’s independent assessment of whether “extraordinary and compelling reasons” exist under section 3582(c)(1)(A)(i). – 1B1.13
  • Conviction is old, offense did not involve firearm or even threat, no disciplinary issues

United States v. Gustafon, 2020 WL 4877253, at *1 (W.D. Pa. Aug. 20, 2020)

  • Halfway house date is September, 2020, release date March 2021
  • 60 months
  • “Recurrent respiratory issues and hypothyroidism,” hepatitis B but asymptomatic
  • FCI Jesup, “inability to receive medical treatment, exercise, proper diet, participate in productive programming activities as outlined in the First Step Act, receive visitation from loved ones, and otherwise function in a humane environment”
  • Got counsel, also argued family circumstances, “family’s destitution and the fact that his daughter no longer has a caregiver able to support her”
  • Discusses issue exhaustion, added medical circumstance to family circumstance, concluding that “the Defendant has met the exhaustion requirements such that it may consider his motions in their entirety.”
  • Extensive discussion of hypothyroidism and hepatitis

United States v. Dickerson, 2020 WL 4915561, at *1 (D. Conn. Aug. 21, 2020)

  • FCI Fairton, sentenced in Feb 2020, “holdover status,” release date January 2021
  • BMI 39.7 obesity, tobacco use, periodontitis
  • Exhaustion, credits defendant’s statement

United States v. Yrorita, 2020 WL 4915555, at *1 (E.D. Mich. Aug. 21, 2020)

  • 36 months, Medicare fraud, in 2018
  • 65 years old, Correctional Institution Moshannon Valley, release November 2020
  • Diabetes, coronary artery disease, hypertension, hyperlipidemia
  • ICE DETAINER, “mere speculation about the conditions at an ICE facility is an insufficient basis to deny compassionate release”

United States v. Devine, 2020 WL 4784732, at *1 (C.D. Ill. Aug. 18, 2020)

  • FCI Cumberland, 97 months for firearm and drugs, projected release November 2022, spent last 31 of 37 years in prison
  • 56 year old black man, atrial fibrillation, cardiac disease, heart murmur, angina, hypertension, asthma, COPD, obese, history of bronchitis

United States v. Howard, 2020 WL 4812717, at *1 (E.D. Mich. Aug. 19, 2020)

  • He is currently incarcerated at FCI Ashland Satellite Camp and is scheduled to be released on April 4, 2022
  • 120 months for stolen firearm
  • 63 years old, obese (BMI 37.6), hypertension, diabetes
  • Exhaustion waivable
  • Not danger, cites how long ago the offenses were
  • “As discussed during the hearing, there exist testing limitations within the BOP, not dissimilar to the testing limitations which exist throughout the country. The Government asserts that prisoners receive “rapid” testing, but it is not clear whether staff, or the individuals with whom they live, are afforded the same testing resources. Ashland’s one “recovered” staff member exemplifies these testing limitations. Testing can be difficult to obtain, results can weeks to receive, and individuals who present with no symptoms may go untested.”

United States v. Perkins, 2020 WL 4907333, at *1 (D.N.H. Aug. 19, 2020)

  • Release date August 2024; detained since August 2014
  • Court had recommended furlough or home confinement to BOP, BOP wouldn’t

United States v. Howard, 2020 WL 4784697, at *1 (N.D. Tex. Aug. 18, 2020)

  • FCI Seagoville, projected release October 2020
    • 51 months, violated supervised release, did not get sex offender treatment, sentenced for failure to register
  • Asthma, COPD, hypertension

United States v. Vega, 2020 WL 4784797, at *1 (N.D. Ohio Aug. 18, 2020)

  • On May 1, 2017, this Court sentenced Vega to 72-months imprisonment
  • Asthma, obese
  • FCI Coleman Low

United States v. Jennings, 2020 WL 4748462, at *2 (D. Md. Aug. 17, 2020)

  • 111 months, October 16, 2020 release date
  • Asthma, Graves Disease, hyperthyroidism
  • FCI Schuylkill
  • Notes disciplinary infractions are baked into the release date, so not significantly more of a danger

United States v. Bell, 2020 WL 4698317, at *1 (C.D. Ill. Aug. 13, 2020)

  • USP Lee, and he has a projected release date of May 12, 2021
  • Multiple violations of supervised release after release in 2018; Served 169 months starting 2005/2004
  • 46 years old, AA, diabetes, BMI of 31.7, obesity
  • Projected release May 2021

United States v. Farley, 2020 WL 4698434, at *3 (D.D.C. Aug. 13, 2020)

  • FCI Fort Dix
  • January 2021, served 95% of fifteen years
  • Diabetes, hypertension, atherosclerosis, obesity
  • Cites less than 12% tested at Fort Dix

United States v. Saulsbury, 2020 WL 4732132, at *1 (D. Md. Aug. 14, 2020)

  • Life sentence, crack offense in 2010
  • Reduced to 264 months, but came with condition of not filing future motions to modify his sentence
  • Saulsbury counters that he “could not knowingly and voluntarily waive a right that did not exist at the time of the parties’ 2016 agreement and that the parties and the Court had no way of foreseeing.”
  • The Fourth Circuit has not yet addressed whether and when a pre-First Step Act appellate waiver can encompass a right to relief under the First Step Act, but some other district courts have addressed the question and have ruled in the defendant’s favor.
  • 57 years old now

United States v. Rodriguez, 424 F. Supp. 3d 674, 681 (N.D. Cal. 2019)

  • The government also argued that Rodriguez had waived his right to seek compassionate release under 18 U.S.C. § 3582 in his plea agreement. Oppo. 5. This argument was not at all well taken. Waiver is the relinquishment of a known right. The First Step Act amended Section 3582 and was passed after his sentence, so he could not have waived the rights it contains. In particular, a waiver of rights under Section 3582 is enforceable if “(1) the language of the waiver encompasses the relief sought, and (2) the waiver is knowingly and voluntarily made.”

United States v. Coan, 2020 WL 4592828, at *1 (N.D. Cal. Aug. 7, 2020)

  • 96 months in prison on 2017
  • FCI Beaumont Medium
  • Release date February 2, 2024
  • 62 years old, asthma, diabetes
  • Release despite medium risk of recidivism, no violent disciplinary issues
  • Served 47% of his sentence, would satisfy the need to reflect the seriousness of the offense

United States v. Breslin, 2020 WL 4584244, at *1 (N.D. Cal. Aug. 10, 2020)

  • 78 months in 2018
  • FCI Big Spring
  • 71 years old, type 2 diabetes, diabetic neuropathy, hyperlipidemia, reflux, tuberculosis, treated for respiratory issues twice in custody
  • With respect to the first argument, the government provides no authority for the proposition that the provision of standard health services for chronic conditions meaningfully reduces an inmate’s likelihood of contracting and suffering serious illness or death from COVID-19. Indeed, the Court is mindful of the unprecedented nature of the COVID-19 pandemic and the particular health risks it presents, especially within the jail and prison setting and despite efforts by certain facilities to control the spread of the virus.
  • Violated pretrial release, child porn offender

United States v. Hill, 2020 WL 4584375, at *1 (W.D.N.C. Aug. 10, 2020)

  • FCI Coleman Low, and his projected release date is March 19, 2022
  • 78 months imposed in 2016

United States v. Pitt, 2020 WL 4677251, at *2 (M.D. Pa. Aug. 12, 2020)

  • Life sentence due to Guidelines, court stressed it was bound
  • Finding reasons based on “his age, medical conditions, the dangers presented by the COVID-19 pandemic, and his extraordinary rehabilitation efforts during his 22 years of incarceration”
  • 71 years old, USP Lewisburg
  • Prostate and heart conditions, hyperlipidemia and arthritis, kidney stones
  • At 71 years old, Mr. Pitt is unlikely to reoffend. Older offenders are substantially less likely to recidivate as compared with younger offenders. United States Sentencing Commission, The Effects of Aging on Recidivism Among Federal Offenders, available at https://www.ussc.gov/research/research-reports/effects-aging-recidivism-among-federal-offenders. “Over an eight-year follow-up period, 13.4 percent of offenders age 65 or older at the time of release were rearrested compared to 67.6 percent of offenders younger than age 21 at the time of release.” – Not a danger

United States v. Houston, 2020 WL 4673133, at *1 (D. Mont. Aug. 12, 2020)

  • 276-month prison sentence for providing methadone pills to Trina Bradford, who died as a result of using them
  • Release date is February 2024
  • FMC Carswell
  • Asthma, COPD, diabetes, morbid obesity, Sleep apnea, Sarcoidosis, bronchitis, congestive heart failure

United States v. Siegert, 2020 WL 4726929, at *1 (S.D. Fla. Aug. 13, 2020)

  • Guidelines’ imprisonment range was 70 to 87 months, but he was subject to a statutorily required minimum sentence of 120 month, enticement of a minor
  • 37 years old now, last 7 years in prison
  • Release June 2021
  • Obesity, hyperlipidemia, hypertension
  • FCI Jesup
  • The Government insists releasing Defendant eleven months early will endanger the community, without explaining exactly how the community will be safeguarded from the Defendant in eleven months’ time. In other words, if Defendant is a danger to the community now, after having served 91 months’ imprisonment, it is unclear why or how the community will be any safer by having Defendant serve an additional 11 months.

United States v. Wahid, 2020 WL 4734409, at *1 (N.D. Ohio Aug. 14, 2020)

  • 120 months imprisonment for drugs, career offender
  • Tested positive for COVID, FCI Elkton
  • Finding “the risk of COVID-19 in combination with Wahid’s overlong sentence” warrant release
    • Not particularly vulnerable to the virus based on medical condition
    • “Most compelling, however, is that if Wahid were sentenced today his sentence would be significantly shorter” since he would not be career offender

United States v. Crowell, 2020 WL 4734341, at *1 (D.R.I. Aug. 14, 2020)

  • Projected release January 2022
  • Mr. Crowell has a family history of lupus–a chronic autoimmune condition in which the immune system attacks its own tissue; tested for it too
  • 72 months for marijuana and firearms, has served 3.5 years
  • FCI Schuylkill
  • Also cites poor care from BOP, misdiagnosing him

Frushour v. United States, 2020 WL 4734907, at *1 (E.D. Mich. Aug. 14, 2020)

  • Defendant’s projected release date is July 17, 2024, sentenced to 108 months in 2016 for child porn
  • FCI Milan
  • 78 years old, diabetes, heart murmur, hyperlipidemia, skin cancer, morbid obesity
  • Found extraordinary reasons under “other reasons” under 1B1.13

United States v. Harper, Cr-06-16-BLG-BMM, Dkt. 905 (D. Montana, August 13, 2020)

  • 58 years old, chronic kidney disease
  • FCI Herlong
  • “career offender designation parted company with reality”

United States v. Youn, 2020 WL 4465452, at *1 (N.D. Cal. Aug. 4, 2020)

  • 922(g), 30 months
  • FCI Mendota, release date April 2, 2021
    • RCC October 2020, home confinement January 2021
  • Obesity and asthma
    • Govt argues asthma is not “of a kind or degree that would put Young at greater risk of severe illness”
      • Court acknowledges “medical records are mixed, the record contains some documented history that Young has moderate to severe asthma”
      • Has been unable to get inhaler
        • Cites cases where lack of access to inhaler alone is extraordinary and compelling reason
      • 3553 in favor – he has taken vocational and life skills programming, no disciplinary violations since 2019, last conviction was 10 years ago, nothing violent since

United States v. Bernard, 2020 WL 4462878, at *1 (D. Conn. Aug. 4, 2020)

  • In 1999, Mr. Bernard was the lead defendant in a large RICO conspiracy case against members of the Latin Kings in Connecticut
  • Served 276 months of 405-month sentence
  • “A number of courts have concluded that the dangers posed by the novel coronavirus can constitute extraordinary and compelling reasons warranting compassionate release consistent with the Sentencing Commission’s applicable policy statements.”
  • 57 years old, “appears to have hypertension based on consistently high blood pressure readings,” had Hepatitis C at one point, caused permanent liver damage, “effects of neurological injury” from being attacked by another inmate, increases risk of stroke
  • Extraordinary rehabilitation, victim impact course
  • If he had gotten acceptance of responsibility reduction, he wouldn’t served the guidelines range based on good time credits

United States v. Risley, 2020 WL 4477970, at *1 (E.D. Cal. Aug. 4, 2020)

  • FCI Lompoc
  • Denied first motion
  • Exhaustion simply means waiting 30 days, regardless of warden response
    • “Defendant notes that some district judges in this District have interpreted § 3582 to mean that a prisoner need only wait 30 days, and thus, this Court’s order has created a district split. Further, cases across the country follow this interpretation of the 30 day language Also, Defendant notes that in proceeding in the Southern District of Florida, the United States interpreted the 30 day language of § 3582 to mean that a defendant need only wait 30 days after receipt of his request to a warden and then may file suit, irrespective of whether the warden denied the request within 30 days. In another case in the Fresno Division of this district, the United States conceded that there was no exhaustion issue where a defendant waited more than 30 days of the warden receiving her request for compassionate release, even though the warden denied the request within 30 days and it did not appear that the defendant appealed the denial. Further, the Bureau of Prison’s website indicates that a prisoner need only wait 30 days from the warden’s receipt of a request for compassionate release before filing suit in federal court.”
    • Granting reconsideration due to government taking new position

United States v. Camacho, 2020 WL 4498796, at *1 (W.D. La. Aug. 4, 2020)

  • 154 months’ imprisonment, 924(c) included
  • Release date is February 2022, FCI Butner
  • Obesity and hypertension, based on 2019 records
  • As another division of this court recently noted, FCI Butner has been battling an active coronavirus outbreak for some time now. All four facilities at that institution report active cases among inmates, with two inmate cases and two staff cases currently reported at the facility where Mr. Camacho is housed.
  • Danger – “With about one and a half years until his release, Mr. Camacho has little more than ten percent remaining of his original 154-month sentence. As the government points out, however, the offense that earned this sentence involved an armed robbery during a staged drug deal in which two victims were tied up”
  • 39 years old at time of offense, “lengthy criminal history,” threatened co-defendant during pretrial custody (shank for not taking blame in affidavit)
    • But shows good conduct, completed coursework, no violent incident reports, medium recidivism risk

United States v. Aslam, 2020 WL 4501917, at *2 (D. Del. Aug. 5, 2020)

  • Court sentenced Defendant on May 31, 2019, to thirty months imprisonment for “making false statements to a financial institution.
  • Release date June 2021, eligible for home confinement three months before
  • Tuberculosis, hepatitis, borderline hypertension
    • Started treatment for latent tuberculosis May 2020
  • Expert said the history of tuberculosis and hepatitis, plus age and gender and medications raise his risk of COVID-19
  • Government disputes the conditions, say they are “minor”
  • “As to tuberculosis, Dr. Berg states that Defendant “has a positive protein derivative (PPD) test, which means that he has been exposed to tuberculosis and now has latent tuberculosis. The pulmonary scarring from latent tuberculosis is a form of chronic lung disease.” (Id.). Dr. Berg states that latent tuberculosis can be treated either by chest x-rays every six months (which I take it is not so much treatment as it is monitoring) or by isoniazid treatment. Defendant recently switched from chest x-rays to isoniazid. (Id.). Isoniazid treatment carries its own risks. And, some COVID-19 treatments would be “particularly dangerous” because they would interact badly with the latent tuberculosis.”
  • “In regard to viral hepatitis, Dr. Berg says there is “serologic evidence of exposure to hepatitis A, hepatitis B, and hepatitis C.” (Id.). The isoniazid causes strain on the liver. “The end result of all of these past and present liver toxins would be potential scarring or cirrhosis, causing chronic liver disease.” (Id.). In response to various Government arguments, Dr. Berg supplemented his opinions with the following: “[E]ven though [Defendant] appears to be ‘cured’ of his active hepatitis C infection, the hepatitis virus has almost certainly caused permanent damage – scarring, which is referred to as ‘cirrhosis’ – to his liver.” (D.I. 78-1). And, “scarring caused by latent tuberculosis would normally cause some loss of lung function.” (Id.).”

United States v. Tidwell, 2020 WL 4504448, at *1 (E.D. Pa. Aug. 5, 2020)

  • “Tidwell’s motion is based on his illnesses—which include his metastatic (stage IV) prostate cancer, hepatitis C, and hypertension—the COVID-19 pandemic, and his significant rehabilitation in prison”
  • In custody since 1994, pleaded during middle of trial; life sentence
  • 62 years old, FMC Butner
  • Rejects “issue exhaustion”
    • Was based on health even if not COVID-19
  • 1B1.13 not binding – “Congress’s unmistakable goal in passing the First Step Act was to “increase the use of compassionate release”24 and the way that “Congress chose to achieve this goal” was by “chang[ing] the process by which compassionate release could be obtained”25 with the intent for “the judiciary to take on the role that the BOP once held under the pre-First Step Act Compassionate Release Statute to be the essential adjudicator of compassionate release requests.”26 Under the government’s theory, every change in Tidwell’s condition or in the extent of COVID-19 at Butner would require a new request so that the BOP could assess the exact risk at that moment.27 The Court will not create additional barriers when the intent of the First Step Act was to reduce them.”

United States v. Dailey, 2020 WL 4504449, at *1 (E.D. Cal. Aug. 5, 2020)

  • FCI Victorville – Medium II, but BOP has designated him to serve his sentence at FCI Herlong. His projected release date is August 31, 2020 and he has served nearly ninety percent of his nine-month sentence.
    • Violated supervised release
  • Chronic kidney disease, but government argues there is insufficient evidence, BOP records under seal show Chronic kidney disease, stage 2 (mild), diagnosed in 2016
    • Court finds this is extraordinary and compelling

United States v. Turner, 2020 WL 4504886, at *1 (N.D. Ohio Aug. 5, 2020)

  • Turner argues that his age, 65 years old, and certain medical conditions put him at higher risk of serious medical consequences, including death, if he contracts COVID-19. Specifically, he states that he has hypertension.
  • FCI La Tuna
  • Court has discretion under 1B1.13

United States v. Cuchet, 2020 WL 4333487, at *2 (S.D. Fla. July 2, 2020)

  • 61 years old, diabetes, stage four kidney disease, past brain cancer, macular degeneration
  • Release date August 2021
  • Not danger to community based on age and “adequate release plan,” also says Career Offender created long sentence

United States v. Winberg, 2020 WL 4581805, at *1 (D. Colo. Aug. 10, 2020)

  • 87 months, has served 75%, FCI Sheridan
  • Type 2, medicated, BMI over 30, hypertension
    • String cite of diabetes cases and hypertension and obesity
    • “Nevertheless, the combination of Mr. Winberg’s medical issues – diabetes, obesity, and hypertension – places him at risk for severe complications from COVID-19.”
  • 3553 – “However, in terms of affording adequate deterrence to others, it is unlikely that would-be embezzlers would commit crimes hoping that a global pandemic and documented health risks would offer them early relief from incarceration.”
  • Not danger based on fraud, does find some chance of economic danger, but no disciplinary history, no prior felonies, cites importance of him serving 75%

United States v. Godinez, 2020 WL 4530743, at *1 (S.D. Cal. Aug. 6, 2020)

  • 40 years old, FCI Florence, release date was 2024
  • Court wanted to sentence below mandatory minimum sentence, criminal history category was over-representative, disparity
  • Latent tuberculosis, obesity, high blood pressure, high cholesterol, had flu while in custody
  • Govt waived exhaustion by asking Court to consider the substantive merits
  • “Although COVID-19 is still being tested by the experts, there is a general consensus that those with latent tuberculosis, obesity with a BMI over 30, a history of smoking and high blood pressure, as well as pulmonary fibrosis (having damaged or scarred lung tissues) might face a risk of severe illness if infected with COVID-19.”
  • 3553 – first felony conviction, first time facing a “significant custodial sanction”

United States v. Watkins, 2020 WL 4016097, at *2 (E.D. Mich. July 16, 2020)

  • Gilmer FCI
  • “Watkins is 34-years-old and his only pre-existing condition appears to be his latent tuberculosis. *2”
  • This may be a particularly dangerous condition to have in a prison, given that COVID-19 also targets the lungs. According to a non-governmental organization that specializes in addressing tuberculosis worldwide, those who recovered from tuberculosis may be at a greater risk of COVID-19. See The Union, COVID-19 and lung health: Frequently Asked Questions, https://www.theunion.org/news-centre/covid-19/covid-tb-faqs-version-2. “COVID-19 affects the lungs, and as we know that there is usually some left-over damage in the lungs following TB disease, which may put you at increased risk of developing more severe COVID-19 symptoms.”

United States v. Crenshaw, 2020 WL 4436367, at *1 (D. Md. Aug. 3, 2020)

  • FCI Allenwood Low, has served 110 of 180 months, firearm possession
  • Type 2 diabetes, hypertension, hyperlipidemia

United States v. Cuevas, 2020 WL 4436380, at *2 (D. Md. Aug. 3, 2020)

  • October 11, 2021 release date, at Brooklyn MDC
  • Hypertension, obesity, sleep apnea, hyperlipemia, osteoarthritis, prediabetes
  • “After a painstaking and deeply researched review of recent scientific literature produced both by public health agencies and academic researchers in multiple countries, Judge Kahn found not only a “well-established correlation between hypertension and severe manifestations of COVID-19,” but also a “substantial chorus of experts who have found that there is a causal relationship.”

United States v. Hardy, 2020 WL 4436376, at *1 (D. Md. Aug. 3, 2020)

  • 192 months in 2013, has served 110, projected release September 2023
  • FCI Schuylkill
  • 44 years old, hypertension, obesity, prediabetes, chronic cough
  • Government is incorrect as to what CDC says is risk factor
  • The better indicator of Hardy’s continued dangerousness is his behavior for the past nine years, while in BOP custody. His record is exemplary

United States v. Mahoney, 2020 WL 4430571, at *1 (N.D. Ill. July 31, 2020)

  • Mahoney is currently housed at Coleman Low FCI and has a projected release date of April 27, 2028
  • 240 months for bank robbery
  • Pulmonary surgeries, CT scans show some lung damage
  • Describes “aggressive surge” of cases at Coleman
  • Mahoney was a bank teller, used that knowledge
  • “The question here is whether, considering the § 3553(a) factors, Mahoney has already received sufficient punishment”
    • Notes D was heroin addict at the time, no prior arrests or convictions

United States v. Gonzalez, 2020 WL 4437154, at *1 (E.D. Wis. Aug. 3, 2020)

  • FCI Englewood, 96 months in 2013
  • Health significantly deteriorated while in BOP, rectal and bowel disease
  • Release October 2020

United States v. Lewis, 2020 WL 4333489, at *1 (S.D. Fla. July 20, 2020)

  • FDC Miami, release October 2020, 37-month sentence
  • High blood pressure
  • Unfortunately, it is extremely difficult for individuals to limit their interactions with others within the correctional environment. This is because the virus is spread “[b]etween people who are in close contact with one another.” In recent testimony before the Senate Judiciary Committee, BOP Medical Director Dr. Jeffrey Allen commented that “[a]symptomatic transmission has caused particular challenges. It illustrates the infectivity of the disease and difficulty controlling it in correctional environments.”

United States v. Archer, 2020 WL 4059694, at *1 (D. Nev. July 20, 2020)

  • Defendant is 57 years old, non-Hodgkin’s lymphoma (in remission), Hepatitis C, and hypertension
  • Danger, escaped prison after violent crime conviction
  • Has served 26 years and 7 months of his total sentence—over 75% of his prison term

United States v. Graham, 2020 WL 4344840, at *1 (D. Kan. July 20, 2020)

  • 59 years old, diabetes, hypertension, scheduled release September 2023
  • Stacked 924(c) counts – court finds this and then won’t address “additional covid-19 argument”
  • Graham’s offenses were undoubtedly serious, and do give the court some pause in granting relief. In some cases, the seriousness of an offense alone might be grounds for denying a compassionate relief claim. But here, Graham has also received serious punishment, having served some 21 years in prison. The modified sentence of 308 months is in line with the low end of the original Sentencing Guideline range of 188-235 month range, augmented by an additional 10 years on the now unstacked gun counts.

United States v. Lunnin, 2020 WL 4343881, at *1 (D. Kan. July 20, 2020)

  • Mr. Lunnin suffers from serious health conditions that place him at greater risk of severe disease from COVID-19 including diabetes and cancer remission, and was hospitalized in February 2020 for severe lymphedema.

United States v. Vigneau, 2020 WL 4345105, at *1 (D.R.I. July 21, 2020)

  • Age 55, sentenced to 365 months
  • Practice in the district — CCE conviction
  • “Because the Sentencing Commission’s policy statement section 1B1.13 and Application Notes are now incompatible with the statute itself, the Court need not follow the outdated portion of this commentary that is contradictory to federal law”
  • “This reading is in line with Congress’s intent in passing the FSA. Considering the FSA provision entitled “Increasing the Use and Transparency of Compassionate Release,” the Court is hard pressed to find a clearer indication of Congress’s intent to expand the court’s implementation of compassionate release.”
  • “It indicated that sentence modifications would be appropriate when “extraordinary and compelling circumstances justify a reduction of an unusually long sentence, and some cases in which the Sentencing Guidelines for the offense of which the defendant was convicted have been later amended to provide a shorter term of imprisonment”

United States v. Graham, 2020 WL 4344192, at *1 (D. Kan. July 22, 2020)

  • Mr. Graham is 64 years old. His medical records confirm that he needs complex chronic care for diabetes, rapid and irregular heart rate, chronic kidney disease, hypertension, and sleep apnea. This combination of medical concerns puts him at a high risk of complications from COVID-19. Mr. Graham has served the vast majority of his sentence, with just 19 months remaining.

United States v. Pickard, 2020 WL 4260634, at *1 (D. Kan. July 24, 2020)

  • Pickard argues the court should reduce his sentence in light of his age, his deteriorating medical condition, the risk he faces from the COVID-19 virus, and the positive role he has played in writing about the fentanyl epidemic
    • Writings get “little weight”
  • Pickard is 74 years of age and has served 20 years in prison. He states in his motion that he suffers from chronic kidney disease, hypertension, anemia, hypothyroidism, cataracts, posterior vitreous detachment, prostatic hyperplasia, vitamin D deficiency and pre-diabetes

United Staets v. Chopra, 2020 WL 4333507, at *1 (S.D. Fla. July 24, 2020)

  • FCC Lompoc, 48 months, sentenced in February 2020
  • Defendant is a 54-year-old man who states that he suffers from allergic rhinitis, intermittent asthma, obesity, elevated cholesterol, and a severe vitamin D deficiency
  • Recommended furlough previously

United States v. Fandel, 2020 WL 4284802, at *4 (N.D. Iowa July 27, 2020)

  • Defendant is 61 years old, FCI Milan, breast cancer, surgery in June 2021
  • “This Court and numerous other courts have found that serious, active cancer is a health condition which, amid the pandemic, presents an extraordinary and compelling reason for release”
  • “Although defendant’s recidivist, drug-driven and sometimes violent criminal history is aggravating, the Court finds that release is appropriate under the Section 3553(a) factors, in light of defendant’s health conditions during the pandemic, given his performance while incarcerated, completion of drug treatment, service of the majority of his term of incarceration, and promising release plan.”

United States v. Bailey, 2020 WL 4261403, at *1 (M.D. Fla. July 24, 2020)

  • 73 years old and for the past 28 years has been serving a mandatory life sentence on his convictions for non-violent drug offenses
  • Stage 3 chronic kidney disease, hyperlipidemia, hypertension, coronary artery disease
  • However, he was sentenced at a time when the sentencing guidelines were mandatory, and as he correctly contends, if sentenced today he would not face mandatory life sentences

United States v. Villafurte-Diaz, 2020 WL 4336349, at *1 (S.D. Cal. July 28, 2020)

  • Defendant is presently serving a 24-month sentence at Federal Correctional Institution (“FCI”) Dublin and her scheduled release date is on November 13, 2020
  • 55 years old, has only one kidney, ongoing urinary infection
  • “Any incarcerated person with one of the underlying conditions identified by the CDC is unlikely to be able “to provide self-care within the environment of a correctional facility” to avoid contracting COVID-19.

United States v. Megee, 2020 WL 4336228, at *1 (D. Neb. July 28, 2020)

  • Based on “a history of abnormal electrocardiograms as a result of a condition called a “bundle branch block,” or that he has obstructive sleep apnea syndrome. Filing 59 at 8. COVID-19 is a complicated disease and much remains to be learned, but there is some reason to believe that severe COVID-19 disease is associated with abnormal electrocardiograms, including bundle branch blocks, although that may be a result of the disease rather than a comorbidity.”
  • Also 67 years old
  • “It is, nonetheless, fair to say that Megee’s clinical picture is muddled—he has conditions that haven’t been conclusively ruled in or out as recognized comorbidities for COVID-19, but they are at least adjacent to recognized comorbidities, which is concerning. Just as important, then, is the fact that Megee has relatively little time left to serve.”

United States v. Anderson, 2020 WL 4339220, at *1 (E.D. Wis. July 28, 2020)

  • Sentenced for 2014 offense, possessing firearm, projected release date is in 2025
  • Diabetes, high blood pressure, high cholesterol, obesity, enlarged heart, requires wheelchair or prosthesis, lost leg in shooting
  • FCI Greenville, been in SHU since he stopped working and wants to social distance
  • 3553 – cites close, supportive family, release plan, long period of supervision by feds and state “should further curb the risk that he will reoffended or otherwise be a danger to the public”

Crider v. United States, 2020 WL 4334967, at *1 (E.D. Mich. July 28, 2020)

  • Initial life sentence for drugs, then reduced to 22 years, projected release date is March 4, 2021
  • FCI Milan, citing outbreak, “Continuing to incarcerate Crider in an enclosed environment while the virus runs rampant, is a potentially deadly decision”
  • 51 years old, BMI of 32, type 2 diabetes, obesity, hypertension, hyperlipidemia

United States v. Darling, 2020 WL 4339987, at *1 (E.D. Cal. July 28, 2020)

  • FCI Lompoc, release date is September 2027, for 331 months (initial 360) for drug offense
  • Elder offender (61 years old), hypertension, history of heart disease
  • Cites age, medical condition, rehabilitation, changes in sentencing laws
    • Court has discretion under 1B1.13
  • “In addition, Darling likely would not have received such a significant term of imprisonment today. When Darling was originally sentenced, the Government filed an information under 21 U.S.C. § 851 alleging that one of Darling’s prior state convictions qualified as a prior drug felony for § 851 purposes.”
    • “Today, it is unlikely the Government would have filed an information under § 851.”
    • “Moreover, during the past 225 months, Darling has gone to great lengths to rehabilitate himself. He completed the educational component of the Residential Drug Abuse Program, earned his GED, and spent the last fifteen (15) years working in the UNICOR vehicle modification shop.”

United States v. Ortega, 2020 WL 4334035, at *1 (D. Minn. July 28, 2020)

  • Release is April 2022
  • 120 months in 2014 for drugs, has completed 70%
  • FPC Yankton
  • Type 2 diabetes
  • No violence in offense

United States v. Rayford, 2020 WL 4335013, at *1 (D. Kan. July 28, 2020)

  • 2010 sentenced to 108 months for bank robbery plus 60 for firearm, for total of 168 months, release date is October 2021
  • FCI Forrest City Low
  • 69 years old, diabetes, hypertension

United States v. Miller, 2020 WL 4334798, at *1 (C.D. Ill. July 28, 2020)

  • “On February 26, 2018, Defendant was sentenced to 240 months of imprisonment and a 10-year term of supervised release. Defendant is currently serving his sentence at FCI Forrest City Low, and he has a projected release date of July 17, 2034”
  • “Defendant is a 55-year-old white male who has hypertension, hyperlipemia, and is on blood thinners due to a previous myocardial infarction. See d/e 36, 39. Defendant is also clinically obese as he is 5’9” tall and weighs 232 pounds, which results in a BMI of 34.3.”
    • Cites blood thinners as increasing risk, based on association with heart disease
  • 3553 – 240 months but “Defendant has spent over 36 months in custody– over 3 years– for his crime, cites educational programs, classification as low-risk recidivism

United States v. Cunningham, 2020 WL 4346811, at *1 (E.D. Wis. July 29, 2020)

  • “Defendant is a 54-year-old inmate at Federal Correctional Institution (“FCI”) Elkton. He suffers from, among other things, morbid obesity, Meniere’s disease (a disorder of the inner ear that causes vertigo and fluctuating hearing loss), stage III kidney disease, anemia, sleep apnea, hyperlipidemia, edema, and dermatitis.”
  • 84-month sentence, drug crimes, release date is August 2022
  • Several district courts have recognized that an inmate’s medical conditions, in conjunction with both his or her living quarters and the status of the COVID-19 outbreak at one’s prison, constitute “extraordinary and compelling reasons” for an inmate-defendant’s compassionate release
  • D had firearms and explosives but found he was not danger due to lapse of time, complying with pretrial release
  • In order to address the Court’s concerns about punishment and deterrence, the Court will impose a term of home detention.

United States v. Lockhart, 2020 WL 4333010, at *1 (E.D.N.Y. July 29, 2020)

  • 10-year sentence for CP possession
  • “Lockhart currently suffers from stage three kidney failure, diabetes, hypertension, and a compromised immune system—all conditions that place him at an elevated risk of serious illness or death should he contract COVID-19. Lockhart’s weakened immune system is caused by immunosuppressant drugs he must take to ensure his body does not reject the kidney transplant he received in 2008”
  • Has disciplinary infractions of having porn
  • Release date September 20, 2021
  • “Lockhart’s motion must also be evaluated in light of the fact that he is currently scheduled to be released in less than fifteen months, regardless of this Court’s decision on the instant motion.”
  • Notes GL range was lower than mandatory minimum

United States v. Myles, 2020 WL 4350604, at *1 (M.D. Tenn. July 29, 2020)

  • 151-month sentence in 2012
  • 59 years old, FMC Butner, projected release is December 2023
  • Diabetes, hypertension, obesity, chronic kidney disease, sleep apnea
  • 3553 supports sentence of time served, 103 months

United States v. Pacheco, 2020 WL 4350257, at *1 (S.D.N.Y. July 29, 2020)

  • D has “two months remaining on an eight-month sentence for violating the terms of his supervised release”
  • In the Court’s view, it denies reality to suggest, let alone hold, that the threat of COVID-19 to those in prison does not qualify as an extraordinary and compelling reason to consider the early release of those in prison.
  • “That is not to say that the threat, by itself or by definition, justifies a sentence reduction in every case; were it otherwise, every defendant in federal custody would be entitled to immediate release, which would be absurd and inconsistent with Congress’s intent. Instead, it means that whether a motion for compassionate release on the basis of COVID-19 should be granted turns on the other statutory requirements,” like 3553 and danger to community

United States v. Miller, 2020 WL 4366088, at *1 (C.D. Ill. July 30, 2020)

  • Defendant is currently serving her sentence at the satellite camp adjacent to FCI Pekin and has a projected release date of March 10, 2021
  • Sentenced to 15 months in November 2019
  • Diagnosed with hypertension and medicated; childhood asthma with prescription for inhaler, 48 years old

United States v. Campbell, 2020 WL 4432845, at *1 (N.D. Iowa July 31, 2020)

  • Sentenced in 2003 to 280 months’ imprisonment for drugs and had prior drug conviction
  • Had already recommended home confinement
  • Yankton FPC
  • Projected release date is May 25, 2023
  • Expert report – 60 yo, chronic kidney disease, nephrolithiasis, myalgias, osteomyelitis
  • A number of district courts have held that the natural reading of § 994(t) is that a defendant’s rehabilitation may be part of the extraordinary and compelling reasons calculation if it is coupled with other reasons
  • Based on the text of § 994(t), and absent any contrary argument from the Government, I agree with those courts that have found that a defendant’s rehabilitation may be considered in deciding whether extraordinary and compelling reasons are present, if other factors are present.
    • Had BOP job that had parts unsupervised
    • Has statements from BOP overseers

United States v. Mills, 2020 WL 4431425, at *1 (E.D. Mich. July 31, 2020)

  • 48-month aggregated sentence, after violation of supervised release and consecutive sentence in another federal case
  • Release date on February 25, 2021, eligible for home detention October 2020, RCC September 1, 2020
  • FCI Ray Brook, no cases but cites courts in district saying zero confirmed cases “is more likely the result of a lack of testing than a lack of the virus’ presence in the prison,” and court notes only 15% of inmates have been tested
  • Here, Defendant argues that his longstanding asthma; high blood pressure; BMI; and race put him at increased risk of severe complications from the novel COVID-19 disease
    • Hypertension – cites most recent medical visits, “uncontrolled”
    • Asthma since childhood, though severity is not specified
    • BMI is 34.3 based on medical records
  • Lengthy criminal history, but notes character letters

United States v. Anderson, 2020 WL 4432896, at *1 (N.D. Ohio July 31, 2020)

  • 60-months imprisonment for both counts, offense in 2012, sentencing in 2017
  • Asthma only
  • 3553 favor based on government waiting 5 years before charging

United States v. Dunn, 2020 WL 4366086, at *1 (M.D. Ala. July 30, 2020)

  • CP distribution, 130 months in 2009
  • Release date is June 19, 2022, served 68% of his sentence
  • “Dunn is 54 years old and has several health problems. He suffers from chronic obstructive pulmonary disease (COPD), hypertension, emphysema, seizures, and ulcerative colitis.”
  • Coleman-Low Federal Correctional Institution

United States v. Kovalchek, 2020 WL 4366341, at *1 (D. Md. July 30, 2020)

  • FCI Morgantown
  • Release Date October 2020
  • D “has hypertension, chronic bronchitis, and Bell’s palsy”
  • There is no indication that Kovalchek played a violent role in the conspiracy for which he was convicted or that he was a high-level drug dealer. While incarcerated, Kovalchek has made significant rehabilitation efforts, including completing a residential drug treatment program and participating in the Bureau of Prisons Honor Program,” has employment set up after release

United States v. Schram, 2020 WL 4383803, at *1 (D. Or. July 31, 2020)

  • Has “36 months left to serve on his 130-month sentence. Defendant is 68 years old and suffers from grand mal seizures, epilepsy, and chronic hepatitis C,” also cites history of seizures
  • Victorville USP

United States v. Jones, 2020 WL 4431562, at *1 (W.D. Pa. July 31, 2020)

  • Release date December 8, 2021
  • Chronic heart conditions
  • Not danger citing 2 criminal history points, compliance on bond, self-reporting, no disciplinary infractions, work skills and residence with mother
  • Says Govt fought hard against allowing discretion under 1B1.13 but court agrees “that courts are not constrained by the Application Note’s outdated text”
  • No danger, ““generalized (albeit legitimate) concerns about the dangers of guns and drugs were enough to bar compassionate release, almost no one would be eligible” *3

United States v. Parker, 2020 WL 4432928, at *1 (D. Conn. July 31, 2020)

  • Halfway house date is September 22, 2020
  • Sentenced to 70 months, served 53
  • 34 years old, latent tuberculosis, obesity
    • Has “regularly monitored by the BOP pulmonary clinic because he is diagnosed with latent tuberculosis” and “has a documented history of obesity in the BOP, and is currently overweight with a BMI of 29.53,” (id.), and “will have a BMI of 30 if he gains only 4 pounds,” (id. at 13). Additionally, Defendant’s BOP medical records “indicate increasing blood pressure readings,” with his most recent readings falling outside of the normal range”
  • FCI Allenwood
  • Cites LTBI cases, including United States v. Barrenechea, 92CR00403-MMC-3, ECF No. 2446 (N.D. Cal. May 7, 2020)

United States v. Recinos, 2020 WL 4194080, at *1 (E.D. Cal. July 21, 2020)

  • FMC Carswell
  • Release date December 2020, 55 months
  • “Where a defendant has moderate medical issues that otherwise might not be sufficient to warrant compassionate release under ordinary circumstances, some courts have concluded that the risks posed by COVID-19 tips the scale in favor of release in particular situations.”
  • 59 years old, multiple sclerosis, hypertension, asthma
  • “Thus, it appears that the in a mere month and a half, the active COVID-19 virus cases at FCM Carswell went from 0 to 180. This development has convinced the court that the defendant’s medical conditions and the fact that some of those conditions place her at higher risk of becoming seriously ill if infected by COVID-19, when considered in combination with the outbreak of the virus at her institution of confinement, constitute extraordinary and compelling reasons warranting a reduction of her sentence.”

United States v. Shelton, 2020 WL 4193113, at *1 (C.D. Ill. July 21, 2020)

  • FCI Milan, and his projected release date is February 5, 2022
  • 240 months
  • 51 year old, hypertension, hepatitis, obese
  • Government unopposed

United States v. Gardner, 2020 WL 4200979, at *1 (E.D. Mich. July 22, 2020)

  • Court sentenced Mr. Gardner to 52 months. Gardner began serving his sentence on July 18, 2019 and has served less than half of his sentence. Mr. Gardner’s projected release date is March 25, 2022
  • 50-year-old African American man who seeks release due to a history of hypertension/high blood pressure, a heart condition (abnormal EKG findings and two stents), and coronary disease with angina
  • FCI Morgantown, extensive discussion of conditions

United States v. Ford, 2020 WL 4207092, at *1 (E.D. Mich. July 22, 2020)

  • Due to the mandatory statutes that applied at the time, Defendant faced a mandatory minimum of 10 years on the first § 924(c) conviction, a 25-year “stacked” mandatory minimum on the second § 924(c) count, and a consecutive mandatory guidelines range of 63 to 78 months on the remaining counts
  • Defendant is currently 48 years old. He suffers from Type II diabetes, high cholesterol, hypertension, and hypothyroidism
  • FCI Pekin
  • “Defendant’s position is that while the administrative exhaustion requirement is mandatory, there is no “issue exhaustion” requirement. Defendant notes that in any compassionate release motion based on health concerns, courts will need to consider “up to the minute” medical information. Defendant also notes that the statute directs courts to consider the factors in § 3553, which may include information that was not available to the BOP.”
    • Issue exhaustion requirement is ““inappropriate because § 3582 contains no such requirement and BOP compassionate release requests are not adversarial proceedings”
      • Holds Government has waived the exhaustion requirement by asking the Court to address the Defendant’s arguments on the merits

United States v. Malufau, 2020 WL 4218038, at *1 (D. Haw. July 22, 2020)

  • Forest City Low
  • Projected release is June 2021, served most of his 97 months, was prison guard smuggling drugs in
  • He has obesity (BMI of 39) and type 2 diabetes
  • Got COVID and was hospitalized for 9 days

United States v. Fitzpatrick, 2020 WL 4219789, at *1 (D. Kan. July 23, 2020)

  • Defendant “served 11 months of his 16-month custody sentence”
  • Violated supervised release after release on a 60-month sentence
  • FCI El Reno, chronic asthma
  • Release date December 2020
  • Government does not oppose

United States v. Pickard, 2020 WL 4227510, at *1 (E.D. Cal. July 23, 2020)

  • FCI Lompoc, 87-month sentence, defendant had served 2/3 of sentence
  • Asthma, Hashimoto’s disease, hypothyroidism, got bronchitis in prison and this year and last year
  • Cites other Lompoc cases

United States v. Alam, 2020 WL 4218209, at *2 (E.D. Mich. July 23, 2020)

  • (65 years old) and his health conditions (including diabetes, coronary artery disease, obesity, sleep apnea, hypertension, and many other ailments
  • Renewed motion
  • Not danger – non-violent, fraud offense, no other criminal history, complied with release conditions
  • 3553 – deterrence, no more medical license

United States v. Lacy, 2020 WL 4049981, at *1 (C.D. Ill. July 20, 2020)

  • FCI Terre Haute. He has a projected release date of September 31, 2021
  • No current cases anymore
  • 37 year old black man, type 2 diabetes, hypertension, hyperlipidemia, morbidly obese, history of asthma and sleep apnea

United States v. Linsley, 2020 WL 4050872, at *1 (N.D. Cal. July 20, 2020)

  • 73 years-old, has been in custody for more than 30 years, and is housed at USP Lompoc for life sentence
  • Eligible for Elderly Inmate program, but served time in state prison first

United States v. Lee, 2020 WL 4053352, at *1 (D. Md. July 20, 2020)

  • FCI Gilmer, 188 months, had served 8 years
  • Projected release September 2024
  • 43 years old, drug addiction, (hypertension, type 2 diabetes, and obesity)
  • The Government concedes that Mr. Lee’s medical conditions, coupled with the pandemic, mean that he qualifies for consideration.
  • Mr. Lee asserts that he is not a danger because the goals of punishment and deterrence have already been met for him. He has already obtained his GED and completed educational and vocational courses. He completed RDAP, has been working, and saving money. He has no disciplinary infractions. He still maintains that his guidelines, were he sentenced today for this offense, would be much lower, at 70 to 87 months

United States v. Clausen, 2020 WL 4260795, at *6 (E.D. Pa. July 24, 2020)

  • Moreover, the CDC website states that only “TB patients who are at least 65 years old; have respiratory compromise from their TB; or other medical conditions, including HIV and other immunocompromising conditions, are at greater risk for severe COVID-19 infection.” Centers for Disease Control and Prevention, Tuberculosis and Public Health Emergencies, https://www.cdc.gov/tb/education/public-health-emergencies.htm (last accessed July 20, 2020); latent tuberculosis

United States v. Ross, 2020 WL 4274706, at *1 (D. Nev. July 24, 2020)

  • This court grants defendant’s motion only upon considering defendant’s asthma alongside other factors under 18 U.S.C. § 3553(a). Defendant contends that his asthma and epilepsy put him at risk of harm from COVID-19. (ECF Nos. 398 & 404). Asthma is identified by the CDC as a risk factor for severe illness from COVID-19... However, epilepsy is not. Although defendant’s asthma is not severe and appears appropriately treated at his facility, (ECF No. 57), defendant only has 4 months left in his 57-month sentence for felon in possession of a firearm. The present circumstances dictate that these final months of incarceration are better served outside of prison.

United States v. Chappell, 2020 WL 4194914, at *2 (S.D.N.Y. July 21, 2020)

  • Government conceding, Court finds that “Mr. Chappell’s obesity, and immunosuppressive therapies, and age combine to constitute extraordinary and compelling circumstances warranting compassionate release in light of the COVID-19 pandemic, specifically due to his heightened personal risk of contracting, and suffering severe manifestations of, COVID-19, and the consequent need to provide heightened self-care in ways that are not feasible in the prison setting”
  • Fort Dix
  • Court grants but sends him to RCC halfway house

United States v. Riccardi, 2020 WL 4260636, at *1 (D. Kan. July 24, 2020)

  • FCI Coleman Low, and his present projected release date is August 22, 2021
  • Child porn offense, 262-month sentence
  • Diabetes, hypertension

United States v. Tarpley, 2020 WL 4260790, at *1 (E.D. Mich. July 24, 2020)

  • Greenville FCI, 70-month sentence, served 62 months, release date August 2020
  • Prostate cancer, diabetes, obesity

United States v. Jackson, 2020 WL 4284305, at *1 (E.D. Mich. July 27, 2020)

  • Elkton, 48 months, Defendant’s projected release date is February 12, 2021
  • Diabetes, high blood pressure, 57 years old, gout, high cholesterol, obesity

United States v. Jackson, 2020 WL 4284312, at *2 (D. Kan. July 27, 2020)

  • Reducing life sentence to time served
  • In that regard, the Government agrees that the Court should consider that sentencing disparity, and it concedes that defendant today would be subject only to a ten-year minimum for her drug offense and that her low-end guideline sentence would be 211 months
  • At Waseca

United States v. Mitchell, 2020 WL 4284311, at *1 (E.D. Mich. July 27, 2020)

  • Mitchell is twenty-four years old and suffers from obesity, release date May 2021, FCI Danbury
  • See Jennifer Lighter, et al.Obesity in Patients Younger than 60 Years is a Risk Factor for COVID-19 Hospital Admission, Clinical Infectious Diseases (Apr. 9, 2020),
    • The study found that individuals younger than 60 years old, with a BMI between 30 and 34, were twice as likely to need acute medical care related to COVID-19 than those with a BMI lower than 30. Id. That same study revealed that individuals under 60 with BMIs between 30 and 34 were 1.8 times more likely to need intensive emergency care than those with BMIs lower than 30
  • The Court finds that Mitchell’s crime was egregious, but it was ultimately nonviolent. The Court also agrees that proper safeguards would ensure that Mitchell continues to serve her term to completion and comply with Court guidelines. The Court is not persuaded by the Government’s argument that the Probation Department will be unable to monitor Mitchell. Although the Court must note her previous violations, including making dishonest statements to the Court during her detention hearing, relying on such past behavior alone does not warrant denying Mitchell’s motion. Mitchell’s crime was nonviolent, she has shown progress in prison, and has a support system awaiting her return.

United States v. Harris, 2020 WL 4284149, at *1 (E.D. Wis. July 27, 2020)

  • Aggressive Stage IV prostate cancer, prognosis was poor; type 2 diabetes, obesity, hyperlipidemia, hypertension, asthma, heart issues

Street v. United States, 2020 WL 4284313, at *1 (E.D. Mich. July 27, 2020)

  • 122-month sentence, projected release date is October 3, 2025
  • 39 years old, spinal cord injury from shooting during offense, paraplegic, cardiomyopathy, chronic anemia, ulcers, UTI, colostomy bag, bedridden since the prison doesn’t have wheelchair seating
  • Warden approved request

United States v. Williams, 2020 WL 4040706, at *1 (E.D. Mich. July 17, 2020)

  • 120 months in prison. He has served just over 51 months or 42% of that term, and he presently is confined by the Bureau of Prisons at FCI Gilmer
  • Release date September 2023
  • 68 years old, family circumstances since his elderly sisters are old and in bad health
  • Exhaustion – federal courts confronted with the argument now raised by the government generally have been skeptical of the notion that the statute imposes any requirement of “issue exhaustion” on requests for compassionate release, or that a prisoner explicitly must mention the pandemic as a basis of his administrative request, or else submit and exhaust a fresh request on that ground — and wait yet another 30 days — before seeking judicial review
  • “The government’s laudatory recounting of measures taken by BOP to address the pandemic also is less impressive in light of incidents such as the Bureau’s ill-advised decision to transfer already infected inmates to FCI Gilmer for quarantine, which resulted in an outbreak there, at a facility that previous had managed to hold the disease at bay”
  • Did not rule based on sisters but the defendant raised that claim

United States v. Robinson, 2020 WL 4041436, at *2 (E.D. Va. July 17, 2020)

  • “The BOP has determined that Robinson, currently forty-six years old, may transfer to community-or home-confinement in less than five months, on December 3, 2020. Robinson has a projected release date of June 3, 2021”
  • Hypertension, FCI Fort Dix
  • In the context of COVID-19, courts nationwide have recognized that “where a defendant can show both a particularized susceptibility and a particularized risk of contracting the coronavirus, they may grant motions for compassionate release based upon a defendant’s medical conditions.
  • While the “relationship between hypertension and severe illness from COVID-19 is one battleground in this unsettled and rapidly evolving area of scientific research,” it is undisputed that “hypertension is one of the most common ‘comorbidities’ in people who experience severe cases of COVID-19.
  • In its denial of the government’s motion for reconsideration, the Court thoroughly evaluated the relationship between hypertension as a risk factor and COVID-19.  at * 12–17. The Court found that while “the unsettled nature of the science surrounding risk factors” of COVID-19 make the establishment of “hypertension as a cause of severe illness from COVID-19” a difficult task, id. at *13 (emphasis omitted), “several peer-reviewed scientific studies and research commentaries in reputable scientific journals conclude that hypertension is independently associated with severe manifestations of COVID-19, controlling for the confounding variables of age and other health conditions,
    • US v. Salvagno
    • “The scientific authorities, recognizing the high comorbidity relationship between hypertension and COVID-19, however, “indicate an association between ‘hypertension’ broadly, and severe illness and death from COVID-19,” not an association that varies in risk based on the severity of the defendant’s hypertension.”
  • 3553 support release despite violation of supervised release, served most of his sentence

United States v. Grant, 2020 WL 4036382, at *1 (C.D. Ill. July 17, 2020)

  • Defendant is currently incarcerated at FCI Milan, and his projected release date is October 6, 2024
  • Type 2 diabetes, hypertension, osteomyelitis, obese, African American
  • Government did not oppose pending release plan

United States v. Bandrow, 2020 WL 4050242, at *1 (E.D. Mich. July 20, 2020)

  • FCI Elkton, staff unable to treat defendant’s hematuria since they are busy with COVID-19
  • Asthma and epilepsy
  • Child porn offender, bipolar disorder, 60-month sentence, release date March 2022

United States v. Ireland, 2020 WL 4050245, at *2 (E.D. Mich. July 20, 2020)

  • Butner Low FCI, 60-month sentence
  • 32 years old, scheduled for release August 2021
  • Tuberculosis (latent), “those with TB infection and an immunocompromising condition such as HIV, malnutrition, or diabetes, are more likely to suffer from active TB”
    • “Because COVID-19 also targets the lungs, latent TB is a particularly dangerous disease to have at FCI Butner Low. According to a non-governmental organization that specializes in addressing tuberculosis worldwide, those who recovered from tuberculosis may be at a greater risk of COVID-19. See The Union, COVID-19 and lung health: Frequently Asked Questions, https://www.theunion.org/news-centre/covid-19/covid-tb-faqs, last accessed July 16,2020. “COVID-19 affects the lungs, and as we know that there is usually some left-over damage in the lungs following TB disease, which may put you at increased risk of developing more severe COVID-19 symptoms.”
  • Ireland is no longer a threat to society, and whatever deterrence value his sentence carried has already accrued in full. There is no legitimate penological justification for keeping him incarcerated any longer. Justice would not be served by insisting that Ireland remain in prison until he is eligible for home confinement in seven months.

United States v. Pullen, 2020 WL 4049899, at *2 (D. Kan. July 20, 2020)

  • FCI Pollock, projected release date is April 26, 2024
  • Discusses testing stats, “only 83 prisoners have been tested, out of the 1,337 prisoners at FCI Pollock” — only 1 positive inmate case
  • Pullen cites multiple chronic medical conditions as creating a heightened risk for severe complications from COVID-19, including hypertension, hepatitis C, hypothyroidism, stomach issues, depression, and anxiety.
    • Poor treatment from BOP for untreated hepatitis C, liver– Since then, it appears that Pullen has not received BOP treatment because criteria for treatment is based on a formula and he does not qualify. But the American Association for the Study of Liver Diseases has removed the prioritization tables for treating patients and now recommends treating all patients with hepatitis C, except those with a short life expectancy, because antiviral treatment reduces mortality; liver scarring

United States v. Smith, 2020 WL 4047485, at *1 (W.D. Pa. July 20, 2020)

  • FTC Oklahoma when his transfer to Montgomery [for RDAP] was halted
  • 188-month sentence, release date September 2022
  • Government argues he hasn’t had asthma for a while, court notes the prescriptions are current
  • Asthma alone isn’t sufficient, but also considers rehabilitation during 11 years and inability to get into RDAP, lack of disciplinary sanctions, had he done RDAP, he would be soon released to halfway house

United States v. Pompey, 2020 WL 3972735, at *1 (D.N.M. July 14, 2020)

  • Mr. Pompey has served approximately 272 of 360 months, and his anticipated release date is October 11, 2023
  • FCI Texarkana, no confirmed cases but court says that’s not reliable statistic
  • Hypertension, type 2 diabetes; Government concedes these are extraordinary and compelling reasons
  • Not danger– notes rehabilitation, classes, low security designation, no serious disciplinary issues while in custody
  • ICE detainer, deportation imminent

United States v. Anello, 2020 WL 3971399, at *1 (W.D. Wash. July 14, 2020)

  • 132-month sentence, USP Beaumont, shot at people, dangerous offense
  • 44 years old, black, hypertension, obesity, mental illness
  • Projected release December 2021
  • Slams government for getting data wrong on risk conditions
  • Mr. Anello posits that when this Court imposed its 132-month sentence, the Court didn’t contemplate the present conditions of Mr. Anello’s confinement, where he faces a significant risk of exposure to a disease that could either seriously harm him or even kill him. He argues his profound change of circumstances warrants reconsideration of the imposed sentence. Dkt. 52. The Court agrees.

United States v. Amaro, 2020 WL 3975486, at *1 (S.D.N.Y. July 14, 2020)

  • FCI Fort Dix, 40 months for CP
  • 32 years old, mental and medical health issues
  • “Mr. Amaro’s significant co-morbidities, and his deep-seated mental health issues, taken together, constitute extraordinary and compelling reasons for his release from custody”
  • “Prolific distributor”

United States v. Ledezma-Rodriguez, 2020 WL 3971517, at *1 (S.D. Iowa July 14, 2020)

  • He was a non-violent, low-level offender with no ties to large-scale criminal organizations or drug cartels. ECF No. 201-1 at 2–3. What distinguished Defendant from the many others appearing before the Court under similar circumstances was that statute required he spend the rest of his life in prison
    • 851 enhanced mandatory minimum
  • Life in prison
  • 1B1.13 – Many courts, including this one, have concluded this means the Commission lacks an applicable policy statement regarding when a court can grant compassionate release
  • CARETAKER – Following the First Step Act’s passage, courts have disagreed as to whether this logic extends to ailing parents. Compare United States v. Bucci, 409 F. Supp. 3d 1, 2 (D. Mass. 2019) (“This Court sees no reason to discount this unique role simply because the incapacitated family member is a parent and not a spouse.”)
    • “The Court agrees the need to care for a parent could be sufficient in some circumstances, but this is not such a case.”
    • But concludes not sufficient evidence
  • Deported following release

Bruno v. United States, 2020 WL 4192282, at *1 (E.D. Va. July 16, 2020)

  • On January 17, 2018, Petitioner was sentenced to a total term of 96 months as follows: 60 months on Count 2, to be served consecutively to the term imposed on Count 3 and 36 months on Count 3. To date, Petitioner has served about 40 months; projected release October 2021
  • However, U.S.S.G. § 1B1.13 is now outdated following the passage of the FIRST STEP Act, which allows individuals to petition the district court directly without clearance from the Bureau of Prisons. Therefore, U.S.S.G. § 1B1.13 is merely advisory and does not bind the Court’s application of § 3582(c)(1)(A).
  • HIV is a condition that can weaken the immune system when an individual has a low CD4 cell count (white blood cells that assist the body in fighting off bacterial and viral infections) or is not receiving treatment.1 Here, Petitioner offers his status as an HIV-positive individual to support the conclusion that he is especially susceptible to COVID-19. ECF No. 126 at 2. Fortunately, Petitioner is receiving HIV treatment and his CD4 cell count remains at a healthy level. ECF No. 126 at 3. However, the Court does not discount the threat the pandemic poses to Petitioner, as the effects of COVID-19 on HIV-positive individuals are still not fully understood. Further, the symptomatic overlap between the opportunistic infections that can be deadly for HIV-positive individuals and COVID-19 is unmistakable
  • FCI Edgefield

United States v. Johnson, 2020 WL 4048140, at *1 (N.D. Ind. July 17, 2020)

  • Johnson is presently 43 years old and is incarcerated at FCI Seagoville, in Seagoville, Texas. Johnson has a projected release date from prison of June 28, 2021; discusses Seagoville as “the largest COVID-19 outbreak”
  • Johnson argues that his medical conditions – chronic kidney disease, high cholesterol, high blood pressure, and gout
  • In June, when the Government responded in opposition to Johnson’s motion, Seagoville had no confirmed cases of COVID-19 among its inmate population – today it has more than 1,000. Despite what this court assumes are its best efforts, these numbers demonstrate that the BOP has been unable to prevent the rampant spread of the virus at this facility.
  • Notably, Johnson has refused to take his hypertension medication for at least the last year, on the basis that the medication makes him dizzy

United States v. Rodriguez-Acedo, 2020 WL 4192289, at *3 (S.D. Cal. July 21, 2020)

  • Bashant, awful on exhaustion, says warden denial within 30 days means you have to exhaust remedies
  • “Although Ms. Rodriguez-Acedo is only 39 years old, her diabetes and obesity put her at high risk if she was to contract the COVID-19 virus”
    • Court noted BMI over 30 statistic
  • FCI Dublin, “there is no question that the risk of contracting the virus while in custody is high,” plus conditions equals extraordinary and compelling reasons
  • Served 11 months of a 37-month sentence

United States v. Mines, 2020 WL 4003048 (N.D. Ohio July 15, 2020)

  • 16 months consecutive to another sentence
  • Hypertension
  • FCI Coleman

United States v. Arceo, 2020 WL 4001339, at *1 (N.D. Cal. July 15, 2020)

  • Renewed motion for compassionate release “based on the new (and alarming) COVID-19 outbreak at Seagoville. Defendant also identifies his Type-2 diabetes mellitus, obesity, and hypertension as risk factors now identified by the CDC”
  • Notes no cases when it denied initial motion

United States v. Hayes, 2020 WL 4001903, at *1 (E.D. Mich. July 15, 2020)

  • Fort Dix FCI
  • 50 months, plus consecutive 10 months
  • Served 26 months, release date August 2022
  • Sleep apnea, asthma, morbidly obese
  • Reject government argument that asthma is well controlled
  • “The COVID-19 virus is highly infectious and can be transmitted easily from person to person. COVID-19 fatality rates increase with age and underlying health conditions such as cardiovascular disease, respiratory disease, diabetes, and immune compromise. If contracted, COVID-19 can cause severe complications or death. Because there is no current vaccine, the Centers for Disease Control and Prevention (“CDC”) recommends preventative measures to decrease transmission such as physical distancing, mask wearing, and increasing focus on personal hygiene such as additional hand washing.”
  • However, the defendant’s obesity alone qualifies as a recognized risk factor, and his asthma further aggravates the risk posed by his excess weight

United States v. Gluzman, 2020 WL 4233049, at *3 (S.D.N.Y. July 23, 2020)

  • FMC Carswell, blood clot in brain, severe complications, strokes, Parkinson’s disease, mental health conditions, trouble walking
  • As a matter of statutory interpretation, however, the statute contains no requirement that the basis for the defendant’s motion for compassionate release to the court be identical to the basis of the defendant’s request to the warden of the BOP to bring a motion on the defendant’s behalf.
    • On particularity, the Government apparently reads 18 U.S.C. § 3582(c)(1)(A) to require that a defendant must separately exhaust compassionate release requests for every specific basis on which release is sought. And, on exhaustion, the Government apparently would read into the statute a notion that the defendant must bring her motion for compassionate release within some vague, unspecified time period after the BOP has decided not to bring a motion or 30 days have lapsed from a request to the BOP, or she must start the process again
    • Request to warden was in 2019

United States v. Hayden, 2020 WL 4218503, at *1 (N.D. Ind. July 23, 2020)

  • He has been imprisoned since July 2007 and his projected release date is in September 2022
  • Yazoo City Medium
  • 38 years old, chronic kidney disease
  • Defendant has been incarcerated since 2007 and is just over two years shy of completing his executed sentence. While his sentence was imposed to reflect the seriousness of the offense, promote respect for the law as well as to afford adequate deterrence and to protect the public from further crimes of the defendant, the Court finds that the sentence reduction Defendant seeks, would not greatly undermine the above statutory purposes of sentencing.

United States v. Ramirez, 2020 WL 4199712, at *1 (W.D. Tex. July 20, 2020)

  • 135 months of imprisonment, with an eligible release date of June 22, 2024
  • USP Lompoc, served 57% of his sentence
  • 62 years old, type 1 diabetes, diabetic neuropathy, high blood pressure, kidney disease, hyperparathyroidism

United States v. Calimer, 2020 WL 4003288, at *3 (D. Md. July 15, 2020)

  • He concedes that his offense conduct was extremely serious, but argues that the bank robberies were the product of acute drug and gambling addiction. He has participated in educational courses and programming that will help reduce his likelihood of recidivism. He has only 16 months left to serve, in any event.
  • Victorville

United States v. Mabry, 2020 WL 4015315, at *1 (N.D. Ill. July 16, 2020)

  • “Mr. Mabry suffers from a number of chronic medical conditions, including stage three kidney disease, serious heart conditions, and hypertension, among others. BOP medical records confirm that he suffers from these conditions, which the government concedes make him especially vulnerable to serious illness or death from the coronavirus that is currently ravaging vast swaths of America”

United States v. Kirschner, 2020 WL 4004059, at *1 (S.D. Ind. July 15, 2020)

  • FCI Milan, 124 months, February 2021 release
  • Child pornography, has served 97 months
  • COPD, hypertension, obesity, uses inhaler, cites cold weather, being worse this fall and winter in FCI Milan, Michigan
  • Finally, the Court considers the § 3553(a) factors, including whether they outweigh the “extraordinary and compelling reasons” warranting compassionate release, and whether compassionate release would undermine the goals of the original sentence.

United States v. Fluellen, 2020 WL 4003039, at *1 (N.D. Ohio July 15, 2020)

  • 77 months, high blood pressure, hypothyroidism, obese
  • FMC Lexington

United States v. Neal, 2020 WL 4003049, at *1 (N.D. Ohio July 15, 2020)

  • 105 months, credit since 2015 September
  • Asthma, sickle beta thalassemia
  • Elkton

United States v. Edwards, 2020 WL 4003050, at *1 (N.D. Ohio July 15, 2020)

  • 140-months imprisonment, with credit for time served since his arrest on October 19, 2015
  • Liver disease and hypertension, immune-weakening medication
  • FCI Elkton, included on the list of vulnerable inmates

United States v. Leverette, 2020 WL 4057425, at *1 (E.D. Wis. July 20, 2020)

  • FCI Victorville Medium, with a projected release date of January 29, 2024
  • 360 months in 1999
  • Chronic kidney disease, hypertension, hyperlipidemia, significantly overweight, sleep apnea

United States v. Cleveland, 2020 WL 4053424, at *1 (D. Or. July 20, 2020)

  • 57 months for fentanyl and firearm, release date March 2022
  • FCI Sheridan
  • Govt conceded exceptional and compelling reasons, but said danger to community, DA intends to charge Cleveland with murder later this year
    • Court initially deferred ruling, then Sheridan reported cases
  • Defendant has diabetes, 54 years old, “an age when recidivism rates significantly decline;” not a danger to public “given his good conduct and rehabilitative efforts in prison”

United States v. Ikegwuonu, 2020 WL 4051864, at *1 (W.D. Wis. July 20, 2020)

  • Had diabetes, sickle cell disease and hypertension; govt conceded reasons
  • Elkton, release date August 2022
  • 84 months per 924(c) charge, plus robbery, for 108 months in prison
  • Crimes were “not indicative of his character, but rather a function of his…profound heroin addiction”

United States v. Evans, 2020 WL 3971620, at *1 (N.D. Cal. July 14, 2020)

  • Judge – “when I sentenced him on January 24, 2020 to 30 months imprisonment, the Presentence Report on which I relied stated that his time in federal custody would start as of July 30, 2018, giving him a release date in September, 2020 with good time credit; the Bureau of Prisons, however, calculated his time in federal custody to start more than 16 months later, on December 13, 2019, leaving him with a release date in January, 2022”
  • Series of seizures on May 2020, needs help feeding and moving
  • Cites evidence that COVID-19 increases seizures with those with epilepsy
  • Seizure disorder “the pandemic itself and its impact on African Americans, who are at a heightened risk from COVID-19”

United States v. Mitchell, 2020 WL 3972656, at *1 (E.D. Mich. July 14, 2020)

  • Defendant had “three of the recognized medical conditions that make a person more susceptible to contracting a dangerous case of Covid-19: Type 2 diabetes, hypertension, and obesity”
  • Less than year left on 108-month sentence
  • FCI Terre Haute
  • 43 years old, cites CDC research on Type 2 diabetes and hypertension and obesity
  • Mitchell’s preexisting medical conditions of Type 2 diabetes and hypertension, in tandem with the proliferation of Covid-19 in cramped BOP facilities, including FCI Terre Haute, make him especially vulnerable to suffering serious illness or death as a result of the disease. Although these health problems may not fall within the category of “a serious physical or medical condition” during ordinary times, in the context of the Covid-19 pandemic the CDC has identified Type 2 diabetes as a serious comorbidity and acknowledges that hypertension may also serve as a risk factor. During a dangerous pandemic, Mitchell’s diabetes and hypertension “substantially diminish” his ability “to provide selfcare within the environment of a correctional facility.” U.S.S.G. § 1B113, comm. n.1(a).
  • Although FCI Terre Haute only has three active cases among its inmate population as of the date of this Order, the fact that the BOP has stated previously that it conducts tests on prisoners only if they display symptoms of the virus suggests that number may in reality be much higher. In addition to the existence of Covid-19 cases at FCI Terre Haute, the Court acknowledges that conditions of confinement in all BOP facilities, where prisoners share small cells and use the same bathrooms and shower facilities, make them generally “more potentially conducive to the transmission of COVID-19 than elsewhere.
  • Although Mitchell has a significant criminal history, it is relatively old, predominantly nonviolent and devoid of any evidence that Mitchell has used physical force against others in the past or may be likely to do so in the future

United States v. Furlow, 2020 WL 3967719, at *1 (W.D. La. July 13, 2020)

  • 41 years old and claims that he suffers with high blood sugar (diabetes), high blood pressure (hypertension), hyperlipidemia (high cholesterol) and obesity
  • FCI Oakdale
  • Government concedes that risk factors present extraordinary reason under 1B1.13
  • Has served 165 months of 240-month sentence, 70%
  • Projected release 2023

United States v. Hope, 2020 WL 4207107, at *1 (S.D. Ga. July 22, 2020)

  • Judge Wood
  • FMC Carswell in Fort Worth, Texas, with a release date of August 22, 202
  • 192 months for healthcare fraud, ID theft, money laundering
  • Extensive 1B1.13 analysis
    • Says Hope has NOT found extraordinary reasons under 1B1.13 based on narrow conditions
  • Arthritis, automimmune disease, Sjogrens syndrome, immune system disorder, takes immunosuppressive drugs, asthma, has physical restrictions
  • “While any one of Hope’s health conditions, on its own, might not qualify as “a serious physical or medical condition,” the Court is satisfied that the constellation of medical conditions from which she suffers, especially during the COVID-19 pandemic, does constitute a serious physical and medical condition. Indeed, the Government concedes that, during the COVID-19 pandemic, Hope’s chronic medical condition presents “a serious physical or medical condition … that substantially diminishes the ability of the defendant to provide self-care within the environment of a correctional facility and from which he or she is not expected to recover.”
  • Hope is indeed uniquely inclined, because of her qualifying medical conditions, to be adversely affected by COVID-19 such that early release is warranted
  • Describes rapid escalation of cases at Carswell
  • Though he might have shown that his medical conditions qualify as “extraordinary and compelling reasons,” he has not shown the Court that the § 3142(g) and the § 3553 factors support his release. In light of Overton’s significant criminal history and the seriousness of those offenses, as well as his history of noncompliance with supervised release conditions, the Court uses its discretion to DENY Overton’s release.
  • UNITED STATES OF AMERICA, v. TONY FREEMAN OVERTON, Defendant., No. CR 417-060-10, 2020 WL 4208261, at *5 (S.D. Ga. July 22, 2020)

United States v. Provost, 2020 WL 4274570, at *2 (E.D. Va. July 24, 2020)

  • Provost reported suffering from several health conditions, including asthma, fibromyalgia, a heart murmur, hydrosyringomyelia, and pleural empyema as a result of pneumonia
  • FMC Carswell, release April 2023

United States v. Reed, 2020 WL 3960251, at *1 (D. Minn. July 13, 2020)

  • 180 months, served 75%, release date March 2023
  • FCI Englewood
  • Asthma, uses inhaler, evidence showing difficulty controlling asthma during incarceration
    • Government says no evidence notes whether it is moderate or severe, but does not dispute asthma attacks
    • Sex offense, trafficking minor, but notes lengthy sentence already served, completed drug treatment, received GED
  • Releases him to RCC for 180 days until he finds a place compliant with sex offender restrictions

United States v. Caminos, 2020 WL 4199704, at *1 (D. Haw. July 13, 2020)

  • 235 months imprisonment, projected release date is December 2022
  • FCI Sheridan
  • 54 years old, has been in for 14 years
  • Deteriorating medical conditions, dental caries, pulpal necrosis, dermatitis, stimulant related disorder, mononeuropathy of upper limb, presbyopia, primary hypertension, gastro reflux, chronic sinusitis
  • No mention of COVID-19

United States v. Fitch, 2020 WL 3620067, at *1 (D. Nev. July 2, 2020)

  • Consecutive sentences for 262 + 97 months
  • The CDC admits that its guidelines listing at-risk persons “is a living document that will be periodically updated by CDC, and it could rapidly change as the science evolves,” and new studies on COVID-19 vis-à-vis comorbidities continue to be promulgated
  • 61 years old, kidney disease and past failure, hypertension

United States v. Williams, 2020 WL 3640016, at *1 (N.D. Cal. July 6, 2020)

  • Bank robbery, 135 months, release date is March 19, 2022
  • Chronic kidney disease, hyperlipidemia
  • FCI Victorville

United States v. Barnes, 2020 WL 3791972, at *5 (E.D. Tenn. July 7, 2020)

  • Finding “defendant suffers from three serious chronic conditions that increase his risk for severely contracting COVID-19, namely coronary artery disease, COPD, and Type 2 diabetes mellitus, as well as hyperlipidemia, benign essential hypertension, chronic kidney disease stage 3, peripheral neuropathy, gastro-esophageal reflux disease, and low back and neck pain, among other conditions.”
  • FCI Elkton, release date May 2022, 106-month sentence, and mandatory 5-year 924(c)

United States v. Smith, 2020 WL 3913482, at *4 (N.D. Iowa July 10, 2020)

  • MCFP Springfield
  • Chronic kidney disease, compromised immune system, type 2 diabetes, renal dialysis, 25-year history of hypertension
  • 3553 is a “close call”

United States v. Spencer, 2020 WL 3893610, at *3 (S.D.N.Y. July 10, 2020)

  • The Court finds that, in the highly unusual circumstances here, it is proper to grant both Spencer’s motion for reconsideration and his underlying application for compassionate release.
    • Had been released due to error

United States v. Ramsey, 2020 WL 3798938, at *3 (E.D. Wis. July 7, 2020)

  • Type 2 diabetes and obesity, hyperlipidemia
  • FCI Florence

United States v. Leal, 2020 WL 3892976, at *1 (D. Kan. July 10, 2020)

  • FCI Oakdale II
  • Hypertension and untreated hepatitis C

United States v. Van Praagh, 2020 WL 3892502, at *4 (S.D.N.Y. July 10, 2020)

  • CD4 cell count remains low despite the HIV treatment he has received in prison
  • FCI Lompoc, HIV

United States v. Jones, 2020 WL 3892960, at *1 (E.D. Pa. July 9, 2020)

  • 48 years old and has hypertension, bulging discs in his back, local infections of skin and subcutaneous tissue, hyperlipidemia (high cholesterol), chronic pain, and other ailments
  • FCI McKean, Anticipated release July 2021
  • No confirmed cases is meaningless, compares to surrounding area
  • Discussion on prison conditions

United States v. Croft, 2020 WL 3871313, at *2 (E.D. Pa. July 9, 2020)

  • FCI Schuykill
  • 63 years old, Sarcoidosis (fibroids and tumors on his lungs) and hypertension
    • Rejects that sarcoidosis is not chronic just because he is receiving treatment

United States v. Erickson, 2020 WL 3802823, at *1 (D. Minn. July 7, 2020)

  • Duluth FPC in Minnesota, release date is December 28, 2021
  • Joint motion
  • Heart failure, diabetes, sleep apnea, BMI over 50

United States v. Crawford, 2020 WL 3869480, at *1 (S.D. Ohio July 9, 2020)

  • Defendant, who is 57 years old, represents that he suffers from diabetes and high blood pressure
  • FCI Morgantown
  • “Defendant also notes that the facility has failed to implement adequate sanitation measures, does not require the use of masks, and recently fired the only on-site doctor.”
    • Cites case criticizing Morgantown

United States v. Bennett, 2020 WL 3638696, at *1 (D. Minn. July 6, 2020)

  • Federal Prison Camp in Duluth, Minnesota, 2016, 135 months, projected release is April 2025
  • Diabetes, high blood pressure, hyperlipidemia, hyperthyroidism
  • Bennet’s criminal history is not a violent one. Rather, it is reflective of his struggles with drug addiction and his traumatic upbringing

United States v. McRae, 2020 WL 3791983, at *4 (D. Md. July 7, 2020)

  • 62, and medical conditions make him particularly vulnerable to COVID-19. McRae has “uncontrolled aggressive” hypertension and Chronic Kidney Disease Stage, FCI Cumberland, has served 65% of sentence, 110 months
  • Despite lengthy criminal history, McRae does not appear to have a serious propensity for violence,” cites drug use as driving offense conduct

United States v. Bradley, 2020 WL 3802794, at *1 (E.D. Cal. July 7, 2020)

  • 40 years old, is currently serving his sentence at Sheridan Correctional Institution
  • Release date June 30, 2021
  • Diabetes, hypertension, asthma
  • Government argument rejected, “Despite its attempts to diminish the effects and severity of defendant’s conditions, the government ultimately appears to concede defendant’s diabetes at least is a chronic health condition”
  • Defendant also argues persuasively that it is not any one of these conditions alone that creates a greater risk of his suffering severe illness from COVID-19; instead, it is the “particular danger” he faces given his combined conditions of diabetes, hypertension and asthma.
  • Conditions of confinement– no special actions to protect vulnerable inmates with multiple health conditions

United States v. Mueller, 2020 WL 3791548, at *1 (E.D. Pa. July 7, 2020)

  • 64 years old and has only one functioning lung, hypertension, history of smoking
  • FCI Allenwood, 202 months, two years away from release date
  • Diminished lung capacity–
  • COVID-19 attacks the lungs and can cause a host of respiratory conditions: shortness of breath10 and hypoxia (oxygen deficiency),11 as well as pneumonia, acute respiratory distress syndrome, and permanent lung damage.12 Mr. Mueller lives with only one intact lung and has a long history of smoking. Not surprisingly, lung removal surgery leads to permanent loss of lung function.13 This means that Mr. Mueller has less of a protective buffer of lung function should he be infected. Diminished lung capacity from COVID-19 could be even graver for him than for someone with normal lung function.
  • Finally, according to the CDC “[l]ong-standing systemic health and social inequities have put some members of racial and ethnic minority groups at increased risk of getting COVID-19 or experiencing severe illness, regardless of age[, and] [a]mong some racial and ethnic minority groups, including non-Hispanic black persons, Hispanics and Latinos, and American Indians/Alaska Natives, evidence points to higher rates of hospitalization or death from COVID-19 than among non-Hispanic white persons.”

United States v. Tate, 2020 WL 3791467, at *1 (C.D. Ill. July 7, 2020)

  • Defendant is forty-three years old and has been diagnosed with asthma, hypertension, diabetes, severe obesity, and HIV
  • FPC Greenville

United States v. Ferguson, 2020 WL 3632468, at *1 (S.D. Tex. July 3, 2020)

  • FCI Beaumont Low, 39-month sentence, release date December 2021
  • 61 years old, obesity, coronary artery disease, hypertension

United States v. Shannon, 2020 WL 3489491, at *3 (N.D. Ill. June 26, 2020)

  • DOJ Guidance on extraordinary and compelling reasons
  • “In some cases, the government has conceded that inmates with health conditions associated with serious illness from COVID-19 should be granted compassionate release. See Wise v. United States, 2020 WL 2614816, at *7 (D. Md. May 22, 2020) (“[J]ust last week, the Department of Justice adopted the position that any inmate who suffers from the chronic conditions associated with severe illness from COVID-19 are eligible for compassionate release.”); United States v. Wright, 2020 WL 2571198, at *3 (D. Md. May 21, 2020) (“The Government now agrees, based on recent Department of Justice guidance, that Wright’s diabetes condition, and perhaps other medical conditions she presently has, could constitute “extraordinary and compelling reasons” under the circumstances of the COVID-19 pandemic.”
  • FCI Sandstone in Minnesota

United States v. Fabris, 2020 WL 3481708, at *1 (N.D. Cal. June 25, 2020)

  • “Compassionate release is appropriate in Fabris’s case. Fabris suffers from severe asthma, putting him at risk for suffering severe illness if he contracted COVID-19. The government acknowledges that these circumstances present “an extraordinary and compelling reason” warranting compassionate release”

United States v. Johnson, 2020 WL 3618682 (S.D. Tex. July 2, 2020)

  • Medical condition and stacked 924(c) present extraordinary and compelling circumstances
    • Defendant “history of latent tuberculosis, increasing his risk of severe complications”
      • Cites cases with tuberculosis, Doe v. Barr, 2020 WL 1820667 (N.D. Cal. April 12, 2020), citing study and Atwi
  • Armed robbery, convicted after a trial
  • 370 months, armed robbery counts were 70 months concurrent, two 924(c) counts for 60 and 240-month sentences to run consecutively, served 90%, release date in 2022
  • FMC Fort Worth

United States v. Browne, 2020 WL 3618689, at *1 (D. Mass. July 2, 2020)

  • Fort Dix, 52 years old, release date November 2023, 87-month sentence
  • Hypertension, obesity, diabetes, hyperlipidemia, asthma, pancreatitis, sleep apnea
  • Exhaustion requirement met, “plain language of § 3582(c)(1)(A) creates an “either-or” proposition providing two avenues to this Court’s review: either a sentenced defendant must fully exhaust “all administrative rights to appeal” within the BOP, or thirty days must elapse “from the receipt of” a sentenced defendant’s request that the BOP file a compassionate release motion on his behalf “by the warden of the [sentenced] defendant’s facility, whichever is earlier.”
  • Medical condition documented by the PSR, and BOP medical records
  • Not a danger, “here is no evidence whatsoever of Browne committing any crime since 2010 other than driving without a valid license”

United States v. Young, 2020 WL 3605025, at *1 (C.D. Ill. July 2, 2020)

  • FCI Pekin and has a projected release date of October 11, 2022
  • 120-month sentence
  • Obesity, heart attack in 2013, blood clots in lungs

Tubbs-Smith v. United States, 2020 WL 3618511, at *1 (E.D. Mich. July 2, 2020)

  • Defendant had mandatory minimum of 120 months (10 years) of imprisonment for two counts Possession with Intent to Distribute Controlled Substances (Cocaine) & (Crack Cocaine)
  • Stents in heart, 31 years old, major heart attack four years ago, decreased kidney functioning and pulmonary hypertension
  • FCI Elkton, placed on vulnerable list required due to class action

United States v. Austin, 2020 WL 3447521 (S.D.N.Y. June 22, 2020)

  • Not in custody, had won 2255, victory was overturned on appeal by government, had to turn himself back in, had surrender date
  • Cites behavior in two years out

Woodard v. United States, 2020 WL 3528413, at *1 (E.D. Va. June 26, 2020)

  • 276 months, began in 2013
  • 1B1.13 is “outdated”
  • 30-day requirement met based on prior motion
  • 77 years old, not a danger to society based on weakened condition
  • 3553 – “Petitioner’s conduct may be adequately addressed with a sentence of home confinement that diminishes his risk of infection and protects the public without leaving deterrence or overlooking the serious nature of the offense at issue
  • Has heart problems, heart attacks, obesity, diabetes
  • Fort Dix, notes he could infect others
  • Conditions – “growing evidence of the BOP’s chronic mismanagement of its vulnerable population during the COVID-19 pandemic” – cites civil case documenting the problems at FCI Elkton
    • “minimal effort to get at-risk inmates out of harm’s way”
    • Identified 837 at-risk, only recommended releasing 11 to HC
      • Uneven application, citing Manafort

United States v. McCalla, 2020 WL 3604120, at *3 (D.N.J. July 2, 2020)

  • Inadequate medical care, must go to local hospital, “However, while the doctors at Fort Dix have treated Defendant, the record reveals that on multiple occasions, despite the use of prescription medication, Defendant was required to receive outside medical care because of his severe asthma attacks”
  • Bronchial asthma, high blood pressure, overweight, chronic renal disease

United States v. Burnside, 2020 WL 3443944, at *6 (N.D. Iowa June 18, 2020)

  • In contrast, other courts that have found the lapse of 30 days sufficient regardless of a warden’s denial have cited the plain language of Section 3582(c)(1)(A).
    • Exhaustion requirement vs just waiting 30 days, discussion
    • Court here finds plain language is unambiguous, cites other cases
  • Asthma attack, high blood pressure and pulse, cites stages of hypertension and puts defendant in stage 2 based on 150/91, obesity, prediabetes
  • FCI Milan
  • Served half the sentence, a year

United States v. Ladson, 2020 WL 3412574, at *6 (E.D. Pa. June 22, 2020)

  • November 1, 2022, FCI Allenwood, extensive rehabilitation
  • Diabetes, gout, high blood pressure, over 65 years old, cites treatment for these and medications
  • Conditions – “As of June 16, 2020 the five largest known clusters of COVID-19 in this country grew inside correctional institutions. In the last month, the number of known infected incarcerated people doubled and prison deaths increased by seventy-three percent. Testing remains of paramount importance, as one in seven virus tests conducted on incarcerated people have come back positive, and the vast majority of positive people in prison are asymptomatic–yet still shed the virus.”
  • DIABETES ANALYSIS – “A recent meta-analysis of nine studies from China showed a significant correlation between diabetes and the severity of COVID-19 symptoms, and a recent study from the United States found a fourfold increase in mortality rates from COVID-19 among diabetic patients. How exactly diabetes impacts COVID-19 severity is unclear, but there are a number of potential factors. Poor blood sugar control impairs many innate and adaptive immune responses to viral infections, and similarly impairs immune response to secondary bacterial infections of the lungs common among COVID-19 patients. Defects in the activity of immune system cells, “namely inappropriate T-cell action, impaired natural killer cell activity and defects in complement action,” reduce the body’s ability to clear viruses. In addition, pre-existing comorbidities associated with diabetes, like hypertension, can lead to worse outcomes from COVID-19. Low blood sugar can occur during the treatment of COVID-19, which is particularly dangerous for those with diabetes and may worsen clinical outcomes.

United States v. Lee, 2020 WL 3422772, at *1 (E.D. Va. June 22, 2020)

  • Defendant, who is 46 years old, has been incarcerated for almost 30 years as a result of two acts committed when he was 16 and 20 years old

United States v. Stone, 2020 WL 3429452, at *1 (W.D. Ark. June 23, 2020)

  • MCFP Springfield, asthma, hypertension, and polycythemia vera
  • Sentenced in 2009, for 150 months, release date is August 2020
  • Rejects argument that hypertension and asthma “were both under control”
    • Court stresses that this was narrow view by physician, that it was irrelevant to what risk was based on COVID specifically
  • “However, as the first wave of viral infection in this country has not yet passed and the number of infections continues to climb”

United States v. Johnson, No. CR H-96-176, 2020 WL 3618682 (SD Tex. July 2, 2020)

United States v. Rainone, 2020 WL 3468307, at *1 (N.D. Ill. June 19, 2020)

  • Projected release September 2028, 180-month sentence
  • 65 years old, skin cancer, cataracts, liver disease, heart issues, breathing problems
  • 1B1.13 – This fourth factor evinces broad discretion for the BOP and courts in determining what constitutes an extraordinary and compelling circumstance
  • Here, the most important factor involves medical care and the COVID-19 crisis.
  • Notes recidivism decreases with age

United States v. Mapp, 2020 WL 3410344, at *1 (E.D.N.Y. June 19, 2020)

  • The First Step Act should not be construed as a vehicle for resentencing a convicted criminal, but it does recognize that a sentence once imposed is not immutable and that changed circumstances during a period of incarceration can support a recalculation of the sentence if those circumstances rise to the level of “extraordinary and compelling reasons.” 18 U.S.C. § 3582(c)(1)(A)(i). Moreover, the court must be satisfied that the defendant “is not a danger to the safety of any other person or to the community.” Sentencing Guideline § 1B1.13. The court must also weigh the prospect of release against the interests of continued incarceration—namely, deterrence, punishment, and incapacitation. See 18 U.S.C. § 3553(a). Thus, the Act incorporates a sense of compassion and humanity not previously embraced by the federal criminal justice system.
  • Had served 26 years, got GED, counselor submit letter in support
  • FCI Otisville, 450-month sentence, eligible for halfway house in August 2025

United States v. Ennis, 2020 WL 2513109, at *2 (W.D. Tex. May 14, 2020)

  • Life sentence, talks about how nice he is and no discipline and UNICOR
  • BOP issued medications to Defendant to treat diabetes, mellitus, hypertension, arthritis, asthma, hypothyroidism and hyperlipidemia. Level 2 care category
  • Can’t walk anymore

United States v. Lopez, 2020 WL 2489746, at *3 (D.N.M. May 14, 2020)

  • 62 years old and suffers from high blood pressure and type II diabetes, the latter of which required the amputation of two of his toes and part of his left leg
  • Gets Marshall to tell him confirmed cases

United States v. Cosgrove, 2020 WL 1875509, at *5 (W.D. Wash. Apr. 15, 2020)

  • Defendant, 70 years old, liver transplant in 2015, heart attacks, degenerative disc disease
  • Defendant served only half of 60-month sentence, presented “serious concerns,” had not paid restitution
    • Release date January 2022
  • Acknowledging that BOP’s “preventive and mitigation measures include screening of staff and incoming inmates, limited contractor visits, suspension of nearly all attorney, social, and volunteer visits, limited inmate movements between facilities, and staggered times for meals and recreation.
  • “The Court does not discount the tremendous efforts taken by the BOP and staff at Terminal Island during this extraordinary time. However, even with these efforts in place, the BOP has reported eight infections at the facility as of April 14, 2020.”

United States v. Jackson, 2020 WL 3396901, at *2 (N.D. Ind. June 19, 2020)

  • FCI Elkton, The toll COVID-19 is taking is especially evident in our nation’s prisons, jails, and correctional institutions.
  • “At present, Jackson has not tested positive for COVID-19, however, he testified that he has not been tested for the virus for several weeks. He further testified that despite the fact he is in a dormitory at FCI Elkton for inmates who have not contracted COVID-19, multiple inmates who initially tested negative were in fact positive and have since been transferred out of the unit. Thus, it seems that at least for some period, Jackson and other inmates were housed in the same, open, dormitory-style unit as individuals who were unknowingly infected with COVID-19.”
  • 31 years old, obese, hypertension, history of respiratory illness in the form of chronic bronchitis
  • Jackson’s specific case is a close call on the medical question, but I think he falls on the side of sufficiently showing he is at an increased risk of contracting a fatal case of COVID-19

United States v. Kidd, 2020 WL 3270850, at *1 (E.D. Wis. June 17, 2020)

  • “lung disease, asthma, and emphysema;” that he had been diagnosed with Hepatitis C and high blood pressure; that his lungs were physically damaged when he was shot in the chest as a young man; that he was hospitalized for pneumonia twice in 2019; and that he had had two surgeries in 2017 regarding his heart and thyroid
  • Release in two months

Delacruz v. United States, 2020 WL 3270503, at *3 (D.N.H. June 17, 2020)

  • The court need not determine just how severe Delacruz’s asthma is when properly treated. Even assuming his asthma is mild, that condition in combination with his hypertension make him a high-risk inmate who is more likely to experience severe illness from COVID-19 should he catch it. See Harrell, 2020 WL 2768883, at *3 (finding extraordinary and compelling reason supporting release because even assuming defendant’s conditions did not “independently and perfectly fit the definition of severity, as outlined by the CDC, his conditions still exacerbate each other, placing him in a much more vulnerable position”); see also United States v. Hilow, No. 15-CR-170-JD, 2020 WL 2851086, at *4 (D.N.H. June 2, 2020) (finding extraordinary and compelling reason based on defendant’s combination of chronic health issues, including mild asthma, hypertension, high cholesterol, prediabetes, and borderline obesity).
  • Although BOP records indicate that Delacruz’s asthma is in “remission,” Delacruz testified that he currently experiences asthma symptoms, including fatigue, occasional shortness of breath, and excessive coughing because he is not receiving proper treatment while at the Strafford County House of Corrections

United States v. Morrison, 2020 WL 3447757, at *5 (D. Md. June 24, 2020)

  • Here Mr. Morrison argues that extraordinary and compelling reasons exist given the nature of the COVID-19 pandemic and that he is at high risk for complications given his potential prostate cancer. ECF No. 37 at 14. Further, Mr. Morrison argues that he is not a danger to the community and if released will be transferred to ICE or CBP custody and then deported to Jamaica.
  • ICE detainer

United States v. Champagne, 2020 WL 3472911, at *1 (D.N.D. June 25, 2020)

  • 360-month sentence, armed career criminal
  • 77 years old, 271 months served, FMC Rochester, Care Level 4, million medical conditions, dementia

United States v. Danson, 2020 WL 3467887, at *2 (D.D.C. June 25, 2020)

  • 192 months of incarceration, has served 122 months, release December 2022
  • FMC Lexington, 35 years old, alcohol addiction and history of smoking, heart condition that causes fainting, dizziness and vomiting
  • History of smoking and alcohol addiction
  • “undiagnosed, underlying health condition” causes dizziness, chest pain

United States v. Harris, 2020 WL 3483559, at *1 (C.D. Ill. June 26, 2020)

  • USP Florence, projected release June 2024
  • Kidney failure, obesity, hypertension
  • “While USP Florence does not have any confirmed cases of COVID-19 at the current time, the same could have previously been said of each of the BOP facilities that has experienced an outbreak of the virus”

United States v. Gakhal, 2020 WL 3529904, at *1 (N.D. Ill. June 30, 2020)

  • “Federal Prison Camp Cumberland in Maryland. His anticipated release date is March 3, 2022”
  • Conditions – “Social distancing is especially difficult in jails and prisons. The CDC summarizes these challenges as including “crowded dormitories, shared lavatories, limited medical and isolation resources, daily entry and exit of staff members and visitors, continual introduction of newly incarcerated or detained persons, and transport of incarcerated or detained persons in multiperson vehicles for court-related, medical, or security reasons”

United States v. Fields, 2020 WL 3129056, at *1 (W.D. La. June 11, 2020)

  • Sarcoidosis, Fort Worth FMC, 38 months left on 180-month sentence, scheduled release September 2023, 37 years old, prescribed prednisone
  • Rejects gov’t argument that condition is controlled
  • Government agrees that 1B1.13 can be satisfied by chronic medical condition that substantially diminishes the ability of the defendant to provide self-care within…and ability to guard against serious injury or death as a result of COVID-19 is substantially diminished.

United States v. Miller, 2020 WL 3187348, at *2 (D. Conn. June 15, 2020)

  • Prior to sentencing, she was diagnosed with Chronic Obstructive Pulmonary Disease (COPD), emphysema, asthma, arthritis in her shoulders, neck and hips, and frequent headaches
  • FMC Carswell, requires oxygen and other relief

United States v. Rivera, 2020 WL 3186539 (D. Conn. June 15, 2020)

  • Release date June 2021, FMC Devens
  • Type 2 diabetes, “relatively well controlled” by two meds, morbid obesity, high cholesterol
  • Cites “limited duration remaining on Defendant’s sentence as an additional consideration favorable to granting his motion for compassionate release”

United States v. White, 2020 WL 3244122, at *1 (S.D.W. Va. June 12, 2020)

  • Elkton, projected release date is April 9, 2022
  • Hepatitis C, no disciplinary record

United States v. Madrigal, 2020 WL 3188268, at *1 (N.D. Cal. June 15, 2020)

  • 24 years old. He suffers from severe obesity and hypertension
  • At Santa Rita jail, not BOP, sentenced to 12 months

United States v. Bikundi, 2020 WL 3129018, at *2 (D.D.C. June 12, 2020)

  • Inmate has “documented comorbidities of cancer, hypertension, Hepatitis-C and tuberculosis”
  • Release date August 2022, 84-month sentence
  • Butner
  • Rejects government argument that defendant is danger to community since PO has too many to supervise

United States v. Heitman, 2020 WL 3163188, at *1 (N.D. Tex. June 12, 2020)

  • 70 year old man with Stage IV metastatic prostate cancer, has 60 months to live.
  • At Butner

United States v. Knox, 2020 WL 3207799, at *2 (N.D. Ala. June 15, 2020)

  • Releases from Aliceville FCI, 59 years old, Parkinson’s disease, neurologic disorder, hypertension, restless leg syndrome, depression and anxiety

United States v. Bayuo, 2020 WL 3415226 (S.D.N.Y. June 20, 2020)

  • May 2019, sentenced to 36 months, ICE detainer, will be deported
  • 49 years old, diabetes and hypertension

United States v. Liew, 2020 WL 3246331, at *1 (N.D. Cal. June 15, 2020)

  • FCI Lompoc, release date November 26, 2020
  • 62 years old, fatty liver, high cholesterol, recently hospitalized
  • Government concedes diabetes is risk factor and is a compelling and extraordinary compassionate release

United States v. Lynn, 2020 WL 3229302, at *2 (S.D. Ala. June 15, 2020)

  • High cholesterol, reflux, cervical disc degeneration, enlarged prostate (benign), sleep apnea, high blood pressure, carpal tunnel syndrome, and various dental issues; 65 years old, has served over 30 years
  • Discussed other prong aside from extraordinary and compelling reasons

United States v. Patel, 2020 WL 3187980, at *1 (D. Conn. June 15, 2020)

  • Seventy-three years old and suffers from a number of health conditions including chronic ischemic heart disease, hypertension, and Type 2 diabetes
  • FMC Devens, deemed appropriate for home confinement and assigned transfer date of July 15, 2020
  • Government does not oppose, defers

Segars v. United States, 2020 WL 3172734 (E.D. Mich. June 15, 2020)

  • Hypertension, recent stroke before incarceration left him partially paralyzed, 48 years old
  • Discusses hypertension, rejects government argument regarding pulmonary hypertension
    • “the Court reads the CDC’s list to be merely inclusive rather than exclusive and exhaustive” and cites studies showing hypertension “is an independent risk factor in some patients, increasing the severity of illness”
  • Not persuaded that there are no reported cases at FCI Morgantown, cites number of cases in the county
  • Release date June 2022

United States v. Williams, 2020 WL 3097615, at *1 (D. Minn. June 11, 2020)

  • Elkton, 300 months, projected release date is September 3, 2027
  • Heart disease, obesity, 50 years old
    • Cites USSC finding that 50 years old is less likely to recidivism

United States v. DeBartolo, 2020 WL 3105032 (D. Rhode Island. June 11, 2020)

  • Fort Dix, stage 3 chronic kidney disease, hypertension
  • Notes CDC has not listed hypertension as increased risk factor, but cites research that has recognized it “increases the relative risk of mortality two-fold for a patient hospitalized with COVID-19”

United States v. Padilla, 2020 WL 3100046 (S.D. Cal. June 11, 2020)

  • 30-month sentence, FMC Carswell, has served 10 months
  • 47 years old, COPD, heart failure, kidney failure, ulcer, heart function 40%, asthma, hypertension, sleep apnea
  • Finds that medical conditions “weigh heavily in favor of her release”
  • “Any incarcerated person with one of the underlying conditions identified by the CDC is unlikely to be able to provide self-care within the environment…”
  • Heart attacks while in custody, unable to see doctor during incarceration or get access to medical equipment; has witnessed people dying of infection and unable to get treatment
  • Finds she can get mental health and substance abuse treatment if released

United States v. Jay, 2020 WL 3103796, at *2 (N.D. Cal. June 11, 2020)

  • Because Jay has served over half of his thirty-month sentence, early release is not inconsistent with “the nature and circumstances of the offense and the history and characteristics of the defendant,” providing just punishment and adequate deterrence, the applicable sentencing range and policy statements of the Sentencing Commission, and the need to avoid unwarranted sentencing disparities. Because Jay is a non-violent offender and has had no disciplinary incidents while in custody, early release is consistent with “protect[ing] the public from further crimes of the defendant.”  And, as discussed in greater detail below, the “need…to provide the defendant with needed…medical care…in the most effective manner” weighs in favor of early release
  • Diabetes and heart disease, confined to small cell raises risk

United States v. O’Neil, 2020 WL 2892236, at *4 (S.D. Iowa June 2, 2020)

  • Asthma, bronchitis, sleep apnea; rejects argument that BOP knows how to treat the conditions; “Yet that misses the point. The Court’s concern, rather, is that Defendant’s preexisting medical conditions create an untenable risk of death…”
    • “The case for release becomes more compelling, still, for a defendant with a small fraction of his sentence left.”
      • Because “the benefits of keeping him in prison for the remainder of his sentence are minimal, and the potential consequences of doing so are extraordinarily grave.”
    • Release date November 2023, in custody since 2011
      • More than 73% of time served
  • Denied home confinement due to medium risk score
  • Discusses 1B1.13, non-binding
  • Historical reluctance of BOP to file

United States v. Williams-Bethea, 2020 WL 2848098, at *1 (S.D.N.Y. June 2, 2020)

  • FCI Danbury in Connecticut. Her scheduled release date from custody is May 14, 2022, and the BOP has authority to transfer her to home confinement as early as November 2021
  • Waives exhaustion
  • 40-month sentence, first offender, 3553(a) factors different under COVID-19, 50 years old, hypertension and morbid obesity
  • Acknowledges BOP efforts but rejects them as insufficient
  • Rejects zero confirmed cases argument, “this fact changes nothing about the inherent risks posed by carceral settings to vulnerable inmates”
  • Argument that release to Queens is worse than BOP “strains credulity”

United States v. Prasad, 2020 WIL 2850147 (E.D. La. June 2, 2020)

  • Oakdale, 24-month sentence beginning in March 30, 2020
  • 63 years old, coronary artery disease, hypertension, diabetes, auto-immune disorders, had stents put in in 2018

United States v. Chapman, 2020 WL 2850984 (N.D. Ill. June 2, 2020)

  • Two consecutive sentences totaling 125 months, Forrest City
    • Has served 110 months, release date March 2021
  • 66 years old, 85% of his sentence, hypertension, hyperlipidemia, prostate cancer in 2019
    • Uncontrolled outbreak at FCI

United States v. Smith, 2020 WL 2844222 (N.D. Iowa. June 1, 2020)

  • Life sentence for meth and firearm
  • Chest x-ray due to asthma and COPD, had chemo for lung cancer
  • Morbid obesity, sleep apnea, hyperlipidemia, hypertension, antisocial personality, depression, anxiety
  • COVID-19 only increases urgency but basically holding extraordinary reasons exist due to cancer
  • Long string cite

United States v. Riley, 2020 WL 3034843, at *1 (D. Md. June 4, 2020)

  • 43 years old, enlarged heart, heart failure, blood clots, cardiac arrest
  • USP Lompoc, was initially at minimum security Lompoc but moved due to COVID outbreak
  • Eligible for HC June 2021, projected release is December 2021
    • Court stresses this in 3553 analysis
  • Discusses nature of COVID, contagious, cites CDC guidance on prisons, cites American Heart Association guidance regarding people with heart disease

United States v. Smith, 2020 WL 3027197, at *1 (C.D. Ill. June 5, 2020)

  • Defendant was diagnosed with sleep apnea, hypertension, and morbid obesity, diabetes, inmate is 37 years old and black
  • Yazoo City
  • Release date would be April 2024, 120-month sentence

United States v. Dickerson, 2020 WL 2841523 (E.D. Mo. June 1, 2020)

  • 67 years old, FCI Terre Haute, 180-month sentence
  • Hepatitis C, congestive heart failure, COPD
  • Only 30 months remaining, Projected 2022

United States v. Castillo, 2020 WL 2820401 (S.D. Tex. May 29, 2020)

  • 65 years old, 12 years into life sentence, non-violent drug crime
  • Diabetes and heart issues at sentencing, since starting sentence she now has diabetes, hypertension, high cholesterol, glaucoma
  • Hypertension and diabetes are CDC identified
  • FMC Carswell
  • Doesn’t have to waive but notes that Higginson concurrence supports waiver, collects cases
  • Grants “despite the BOP’s commendable efforts”

United States v. Kamaka, 2020 WL 2820139 (D. Hawaii. May 29, 2020)

  • 12-month sentence, USP Lompoc, most important factor is “absence of evidence in the record establishing that officials at USP Lompoc are adequately protecting Kamaka,” dormitory setting, “invites the further spread of the coronavirus, and the Bureau of Prisons has failed to show that it is taking the steps necessary to protect vulnerable inmates”
  • Social security fraud
  • 49 years old, hypertension, sleep apnea
  • Goes into detail regarding BOP procedures and lockdown measures, “communal dormitories that make social distancing impossible,” sharing toilets and showers

United States v. Baclaan, 2020 WL 2820199 (D. Hawaii. May 29, 2020)

  • 62-year-old inmate with chronic pain, heart attack in 2010, asthma, coronary artery disease, obstructive sleep apnea, type 2 diabetes, hypertension, degenerative disc disease, radiculitis, has required emergency treatment while in custody
  • No disciplinary sanctions at FDC Honolulu

United States v. Etzel, 2020 WL 2096423, at *4 (D. Or. May 1, 2020)

  • “It is undisputed that the defendant suffers from hypertension, Hepatitis C, coronary and cardiac issues, and he complains of chronic bronchitis. It is well documented that these underlying issues, particularly hypertension and coronary diseases are associated with increased risk of infection and worse outcomes in lung injury and mortality.”
  • FCI Sheridan, no confirmed cases
  • Meets 1B1.13

United States v. Almontes, 2020 WL 1812713 (D. Conn. April 9, 2020)

  • 262-month sentence for cocaine and firearm
  • Discusses how BOP “fell short in its gatekeeper role” and FSA addressed failure to file enough compassionate release motions
  • Finding “nearly all district courts hold that–since the FSA’s passage–section 1B1.13 is not binding, but is, rather, helpful guidance”
  • Had never had more than 3-year sentence before
  • Involvement in “street-level” dealing was motivated by drug addiction
  • “At least one court has considered the BOP’s indifference to an inmate’s urgent medical needs as a factor contributing to an extraordinary and compelling reason for reducing the inmate’s sentence” – failure to address medical needs warrants release
    • Aliceville – in Beck, prison delayed in getting her imaging, scheduling consultations, biopsy, scheduling surgery, and more, and as a result the cancer spread
    • Inmate here is unable to get the serious spinal surgery he needs
  • FCI Danbury

United States v. Fields, 2020 WL 2744109, at *1 (D. Alaska. May 6, 2020)

  • Exhaustion 30-day analysis, without response or with?
  • Terminal Island, Release date October 2022, 47-year-old inmate

United States v. Muniz, 4:09-cr-199, Dkt. No. 578 (S.D. Tex. Mar. 30, 2020)

  • Renal disease, diabetes, hypertension, at Butner
  • 188-month sentence starting April 2009

United States v. Cardenas, 2:11-cr-00414-APG-CWH, Dkt. 150 (D. Nev. May 19, 2020)

  • 88.5 months of 120-month sentence, 2 months left on sentence, 44 days will not alter deterrent effect or protection of public
  • Asthma, getting COVID-19 makes punishment greater than necessary, 3553
  • Requires 14 day quarantine

United States v. Hill, 2020 WL 2542725 (D. Conn., May 19, 2020)

  • Hypertension and splenectomy that compromises immune system
  • Arrested October 2018, got 30 month sentence, at Danbury
  • 1B1.13 not binding

United States v. Bright, 2020 WL 2537508 (W.D. Va., May 19, 2020)

  • 84-month sentence starting in July 2016
  • COPD, asthma, “unspecified kidney problems,” hypothyroidism, herniated discs, high blood pressure, heart problems
  • Release date October 2021
  • Elkton inmate, 51 years old

United States v. Sarkisyan, 2020 WL 2542032 (N.D. Cali., May 19, 2020)

  • Five months left on 15-month sentence
  • Hypertension, chronic kidney disease, obesity, counts under 1B1.13

United States v. Copeland, 2020 WL 2537250 (E.D.N.Y., May 19, 2020)

  • At Fort Dix, meets 1B1.13, hypertension, pre-diabetic, high cholesterol, latent tuberculosis infection, hepatitis C, over 65 years old
  • “Compassionate relief matters. It matters so that courts may account for tragically unforeseeable events, as when an illness or disability renders proper care impossible while the defendant remains incarcerated…It matters too, as present circumstances make clear, when public-health calamities threaten inmates with literal death sentences. It matters even when no crisis looms, but simply when continued incarceration would be “greater than necessary” to achieve the ends of justice

United States v. Mattingly, 2020 WL 2499707 (W.D. Va., May 14, 2020)

  • Satisfies 1B1.13 criteria
  • Amputee and age, and hypertension and diabetes “are both identified by health experts as increasing one’s susceptibility to COVID-19”
  • Only 2 inmates and 2 staff testing positive, but looks at surrounding community for evidence of more

United States v. Hilow, 2020 WL 2851086 (D. NH. June 2, 2020)

  • Served 62 months of 120-month sentence, release date is September 2022
  • Participated in extensive treatment programs to address mental health and substance abuse issues
  • Asthma, high blood pressure, migraines, high cholesterol, acid reflux, prediabetes, borderline obese
  • FCI Danbury
  • Open dormitory conditions of confinement

United States v. Hodges, 2020 WL 2935101 (N.D. Ill. June 3, 2020)

  • 38 years old, 25-year sentence, release in December 2021
  • Atrial fibrillation, cardiac condition

United States v. Millage, 2020 WL 2857165, at *2 (D. Or. June 2, 2020)

  • When a defendant has a chronic medical condition that may substantially elevate his risk of becoming seriously ill or dying from COVID-19, that condition may satisfy the standard of extraordinary and compelling reasons. Under these circumstances, a chronic medical condition (i.e., one from which a defendant is not expected to recover) reasonably may be found to be both serious and capable of substantially diminishing the ability of the defendant to provide self-care within the environment of a correctional facility, even if that condition would not have constituted an extraordinary and compelling reason absent the heightened risk of COVID-19.
  • Served 90% of his 108-month sentence, release date January 2021
  • FCI Victorville, completed RDAP; lupus, autoimmune, high blood pressure (medicated), 32 years old
  • Rejects lack of confirmed cases argument, since there is no mass testing

United States v. McClellan, 2020 WL 2933588, at *2 (N.D. Ohio June 3, 2020)

  • Firearms and drug trafficking, career offender
  • Release date May 24, 2022, approved for 12 months at halfway house and home confinement
  • FMC Rochester, 58 years old, hypertension and high blood pressure
  • Cites stacking 924(c) as well

United States v. Arey, 5:05-cr-00029-MFU, Dkt. 230 (W.D. Va., May 13, 2020)

  • 42-year reduction but denied immediate release
  • Crim history at the time was misdemeanor possession, concealed firearm while possessing, misdemeanor assault battery and trespass
  • 61 years old now, due to stacked 924(c), “dramatic change” counts as extraordinary and compelling

United States v. Burke, 2020 WL 3000330, at *2 (D. Neb. June 4, 2020)

  • Seizure disorder possibly associated with a brain injury, hypertension, and latent tuberculosis, hypertension (a known comorbidity)
  • Scheduled for halfway home release in October, release April 2021

United States v. Burnett, 2020 WL 3545159, at *2 (D.N.H. June 30, 2020)

  • Defendant has “severe cardiomyopathy associated with rheumatic heart disease…He has been diagnosed with congestive heart failure with a “poor” prognosis…Although his condition has improved thanks to transcatheter aortic valve replacement (“TAVR”) surgery, his heart remains extremely weak, with an ejection fraction (“EF”) between eighteen and twenty-five percent

Samy v. United States, 2020 WL 1888842, at *1 (E.D. Mich. Apr. 16, 2020)

  • 72 years old, Uncontrolled Hypertension, Congestive Heart Failure, Type II Diabetes, and Asthma
  • Waiving exhaustion
  • “Furthermore, the persuasive precedent for granting compassionate release under the current circumstances is overwhelming.”

United States v. Malone, 2020 WL 3065905, at *1 (W.D. La. June 9, 2020)

  • Butner Medium I, projected release date is June 2, 2023, half of 117-month sentence
  • Discusses conditions in prison
  • 53 years old, liver transplant and immunosuppressant medications, diabetes, high blood pressure, physical injuries that inhibit movement, eye cancer, Care Level 3, hepatitis C (chronic liver disease)
  • Says he hasn’t met 1B1.13 under first prong for serious medical condition but did meet the catchall

United States v. Silkeutsabay, 2020 WL 2747401 (E.D. Wash. May 27, 2020)

  • Defendant, age 72, is an insulin dependent diabetic, has asthma, anemia, and end stage (stage 5) kidney disease, now in wheelchair
  • Release August 2022, 924(c) and large quantity of marijuana, violated terms of release, sentenced in 2015

United States v. Whyte, No. 2020 WL 2754761, at *2 (W.D. Va. May 27, 2020)

  • Defendant is 75 years old. Second, he was previously diagnosed with prostate cancer and underwent radiation therapy in mid- to late 2019. Although he has finished his treatment, his immune system remains compromised, with his white blood cell count below the normal range
  • Butner, served over half of his sentence

United States v. Gonzalez, 2020 WL 2766048, at *1 (S.D.N.Y. May 28, 2020)

  • “Gonzalez’s chronic hypertension and obesity place him in this high-risk group”
  • “First, as numerous courts have concluded, the threat of COVID-19 to those in prison constitutes an extraordinary and compelling reason for compassionate release, especially for those whose preexisting medical conditions put them at heightened risk,” 45 years old, served more than 8 years in prison
  • 3553 “weighs differently in the current circumstances”

Harrell v. United States, 2020 WL 2768883 (E.D. Mich. May 28, 2020)

  • 180-month sentence, release date June 2026, FCI Danbury
  • Hypertension, high cholesterol, type 2 diabetes, 45-years-old
  • Analyzes effect of hypertension and diabetes
  • Rejects government argument that condition is managed, “The Government’s arguments about medical minutiae, while noted by the Court, are dismissed as unpersuasive”

United States v. Norris, 3:18-cr-243, Dkt. 37 (SRU) (D. Conn. Apr. 16, 2020)

  • Defendant has asthma and uses inhaler
  • “Health officials have recognized that individuals with chronic respiratory disease are deemed at greater risk of COVID-19. Due to his incarceration, brown is unable to properly safeguard against infection.”

United States v. Torres and Torres, 2020 WL 2815003 (S.D.N.Y. June 1, 2020)

  • Releasing heroin brothers incarcerated for 33 years of life sentence
  • Had spent half their life in prison and had “exemplary record” and sentencing judge wrote in support of commutation, “have rehabilitated themselves so completely and have rejected their criminal pasts so resoundingly”
    • “Fully and unconditionally rehabilitated”
    • Basically grants motion based on extraordinary rehabilitation
  • Waives exhaustion, detailed analysis of administrative law principles
  • Very wide discretion to define extraordinary and compelling, “consider the totality of the brothers’ circumstances”
  • Hypertension, age, stroke, high blood pressure, diabetes, arthritis

United States v. Hernandez, 2020 WL 1684062, at *3 (S.D.N.Y. Apr. 2, 2020)

  • Granting release due to defendant’s asthma and the “heightened medical risk presented to [the defendant] by the COVID-19 pandemic”)
  • Government does not oppose
  • Sentenced in November 2018 to 24-month term, over August 2020
  • “COVID-19 presents a heightened risk for incarcerated defendants like Mr. Hernandez with respiratory ailments such as asthma.”
  • Collecting cases—

United States v. Van Cleave, 2020 WL 2800769 (W.D. Wash. May 29, 2020)

  • Nevada Southern Detention Center
  • Firearms theft and more, caught selling drugs at FDC Seatac (meth)
  • 15 years imprisonment, 19 years concurrent
  • Scheduled for release October 2020, halfway house RCC in Seattle but was revoked for going missing
  • “Defendant represents that he requested the relevant BP-9 application from NSDC staff but was informed that he could not make a compassionate release request because he is being held at a private, non-BOP facility. See Dkt. #137 at 6. Defendant has demonstrated that neither the warden at NSDC nor the BOP will consider his request. The government agrees that defendant’s compassionate release requests will not be considered. See Dkt. #140 at 3. In these circumstances, no viable administrative remedy is available to defendant.”
  • Hypothyroidism, sarcoidosis, history smoking, chronic lung disease, sarcoidosis

United States v. Adam Field, 18 Cr. 426 (JPO), Dkt. No. 38 (S.D.N.Y. May 4, 2020)

  • Granting CP defendant with hypertension and “nonphysical health conditions” incarcerated at FCI Danbury compassionate release

United States v. Dillard, 2020 WL 2564638 (D. Idaho Apr. 27, 2020)

  • 53-year-old with grievous health problems granted compassionate release after serving approximately half of 87-month sentence for second federal non-production child porn offense
  • Obesity, diabetes, hypertension, COPD
  • “The COVID-19 virus is rapidly impacting Defendant’s prison location, FCI-Terminal Island, which is overcrowded. It puts everyone at risk of infection, particularly medically vulnerable people such as Defendant. The BOP is no longer able to safeguard Defendant’s health as before the pandemic. Defendant’s health cannot be protected adequately in an overcrowded federal prison, but the safety of the community can be protected in ways other than by incarcerating Defendant. At *2.”

United States v. Gileno, 2020 WL 1916773, at *5 (D.Conn., Apr 20, 2020)

  • Granting where defendant suffers from “chronic asthma and other respiratory issues that put him at increased risk”

United States v. Scparta, 2020 WL 1910481, at *9 (S.D.N.Y., April 20, 2020)

  • Hypertension, sleep apnea, high blood pressure, high cholesterol
  • “Given this dangerous set of conditions and Kafkaesque approach” regarding the 14 day quarantine and restarting it when someone tests positive
  • Served half of his sentence, at Butner

United States v. Saad, 2020 WL 2251808 (E.D. Mich., April 29, 2020)

  • Release based on age and medical condition, FCI Milan

United States v. Minor, 9:18-cr-80152-DMM, Dkt. 35 (S.D. Fla., April 17, 2020)

  • 71-year-old diabetic, cardio disease, hypertension, sleep apnea, prostate cancer, strokes, has to rely on others
  • release January 22, 2022, serving 41 months in prison
  • waives exhaustion, undue prejudice
  • home detention release

United States v. Wen, 2020 WL 1845104 (W.D.N.Y., Apr. 13, 2020)

  • Granting reduction for 48-year old defendant where only risk factor was history of asthma; noting possible positive case at institution

United States v. Tran, 2020 WL 1820520 (C.D. Cal., Apr. 10, 2020)

  • Granting reduction for defendant serving a 15-year sentence for Hobbs Act robbery and possession of a machine gun where defendant suffered from asthma since childhood and was housed in a facility with an active COVID-19 outbreak

United States v. Pena, 2020 WL 2301199, at *5 (S.D.N.Y., May 8, 2020)

  • Fort Dix inmate, 2/3 of 84-month sentence, release date Feb 2022 but notes could be released to HC earlier
  • Waive exhaustion; 30 days may be too long “even though, as the Government proffers, the Bureau of Prisons has taken significant action to reduce the risk COVID-19 poses to prisoners. Gov’t Br. at 6–7. The Court lauds these efforts and urges continued and increased vigilance
  • Notes confinement in “low-security facility” as factor favoring release.
  • 60 with hypertension and hyperlipidemia
  • “This Court has repeatedly recognized that COVID-19 presents a heightened risk for individuals with hypertension.”

United States v. Zoquier-Solano, 13-cr-00772-JPO, Dk.t 45 (S.D.N.Y. August 10, 2020)

  • 30 days counted from government sending pro se to warden, exhaustion requirement satisfied
  • Fort Dix, hypertension, hyperlipidemia, borderline obesity
  • Cites mandatory minimum was greater than necessary, court noted at sentencing hearing

United States v. Pena, 2020 WL 2798529 (D. Mass. May 29, 2020)

  • Asks for remand from First Circuit to grant motion
  • 32-month sentence for fraud, 70 years old at FMC Devens
  • Lack of testing, no contact tracing to see if they interact with infected people
  • Paul Manafort

United States v. Stephenson, 2020 WL 2566760 (S.D. Iowa May 21, 2020)

  • Defendant has hepatitis C
  • “Yes, releasing defendants from incarceration is a delicate business-but not any more so than incarcerating them initially.”
  • Stating “several courts have cited a weakened immune system as a basis for granting compassionate release,” citing Campagna
  • Government argues that defendant was cured in 2018, but Court cites permanent effects of Hepatitis C, such as liver scarring
  • Defendant’s two claims, weakened immune system and a damaged liver
  • “The Court will not brush off those concerns as just another downside of prison. No person deserves such callousness.”
  • “Here, Defendant may be out of prison if the law was in 2006 what it is now,” citing mandatory minimum
  • Many courts, including this one, have concluded this means the Commission lacks an applicable policy statement regarding when a court can grant compassionate release
  • Now appears to be the majority position, citing United States v. Scott, 2020 WL 2508894 (E.D. Wisc., May 15, 2020)

United States v. White, 2020 WL 2557077 (E.D. Mich., May 20, 2020)

  • 120-month sentence, release date March 2022, served 80%
  • Hypertension and obesity, incarcerated at FCI Milan, has outbreak
  • Cocaine and firearm possession as a felon, significant criminal history, guidelines was 151-188 months
  • “While incarcerated, White has undertaken a number of steps to improve himself,” completed courses
  • Waives exhaustion, “Excusing strict exhaustion under 3582(c)(1)(A) during the COVID-19 pandemic is consistent with the congressional intent underlying the exhaustion requirement.”
  • Under 1B1.13, unable to provide self-care in the form of social distancing and other preventative measures

United States v. Love, 1:14-cr-00004-PLM, Dkt. 41 (W.D. Mich., April 21, 2020)

  • Defendant was 66 with strokes, Elkton, 114 months starting August 2014
  • Waiving exhaustion

United States v. Goins, 2020 WL 3064452 (E.D. Mich. June 9, 2020)

  • Drug and firearm for total of 157 months
  • FCI Elkton
  • Defendant served more time than intended since he didn’t get time served for state sentence, release would be summer 2022, now it’s April 2024
  • Cites rehabilitation, family experienced tragedy, niece was raped and murdered, mother and siblings have all died
  • Hypertension, unclear if he has been diagnosed by BOP but he is medicated
  • Degenerative disc disease that takes medication steroid which weakens him
  • Hypertension plus Prednisone heighten risk
  • Government argues that Elkton has improved over the past several weeks
  • The Government counters that only pulmonary hypertension – not the general, non-pulmonary hypertension from which Goins suffers – presents an increased risk for COVID-19…There is some basis for this argument. See Malam v. Adducci, No. 20-10829, 2020 WL 2616242, at *4–5 (E.D. Mich. May 23, 2020) (considering the evidence that only pulmonary hypertension presents an increased risk for COVID-19, but ultimately concluding that a prisoner’s non-pulmonary hypertension – in addition to her obesity – put her “at substantially heightened risk of severe illness and/or death from COVID-19”). Research about the relationship between non-pulmonary hypertension and COVID-19 continues to develop.1 See id. But at least three courts that have addressed this issue have concluded that non-pulmonary hypertension is a risk factor associated with severe COVID-19 outcomes.”
  • Concludes and cites courts stating that non-pulmonary hypertension is still a risk factor

United States v. Garcia, 2020 WL 3547933, at *1 (D. Haw. June 30, 2020)

  • Defendant is 66 years old and has only 18 months left to serve on his 120-month sentence. Defendant’s medical records indicate that he has a history of medical conditions related to his heart, lungs, and back. The records indicate Defendant had at least one previous heart attack and continues to suffer from hypertension and congestive heart failure. Defendant is currently diagnosed with chronic obstructive pulmonary disease (COPD), chronic obstructive asthma, and suffers from shortness of breath. The records indicate Defendant has pinched nerves and slipped discs in his back that require him to utilize a walker. On June 26, 2020, Defendant suffered another heart attack while incarcerate

United States v. Foster, 1:14-cr-324-02, Dkt. 191 (M.D. Pa. April 3, 2020)

  • Bronchiectasis, airway blocks with mucus, 60-month sentence from 2017, release date April 2021
  • Already approved for home confinement, 45 days from the date

United States v. CopelandNo. 2:05-cr-135-DCN (D.S.C. Mar. 24, 2020)

  • granting compassionate release to 73 y/o defendant in part due to “Congress’s desire for courts to release individuals the age defendant is, with the ailments that defendant has during this current pandemic”)
  • Diabetes, obese, prostate cancer
  • “Based on defendant’s current sentence relative to his likely sentence under the current regime, his age, his health, his ability to obtain better medical treatment outside the federal prison system”

United States v. Marin, No. 15-cr-252, Dkt. No. 1326 (E.D.N.Y. Mar. 30, 2020)

  • “for the reasons stated in his motion, including his advanced age, significantly deteriorating health, elevated risk of dire health consequences due to the current COVID-19 outbreak, status as a non-violent offender, and service of 80% of his original sentence.”

United States v. Bertrand, 2020 WL 2179387, at *1 (N.D. Fla. Apr. 29, 2020)

  • “Defendant states that he is 71 years old and shows that he suffers or suffered from multiple, serious health conditions, including prostrate cancer, a pulmonary embolism, diabetes with two related eye surgeries, chronic kidney disease, asthma and hypertension. (Doc. 541 at 4, ex. B). Defendant further asserts that his health has become more problematic because of the current COVID-19 pandemic, which has now significantly spread into the Federal Correctional Institution at Butner, North Carolina, where he is incarcerated.”
  • Finding “given Defendant’s proximity to his release date, the relative lack of violence in his criminal record, his exemplary conduct in prison, his age and diminished health, and the ongoing threat posed to him by the COVID-19 pandemic, he qualifies for a compassionate release.”
  • 292-month sentence, release date April 2021

United States v. Gray, 2020 WL 2932838, at *1 (D. Md. June 3, 2020)

  • “Gray is 66 years of age and suffers from coronary artery disease (“CAD”), hypertension, Type II diabetes with diabetic neuropathy, and osteoarthritis of the knees. He is currently serving an 84-month (7-year) term of imprisonment for conspiracy to distribute and possess with intent to distribute heroin in violation of 21 U.S.C. § 846. Gray has been in federal custody since August 18, 2016. (Id.) Accordingly, he has served over 45 months of his 84-month sentence.”
  • FMC Lexington

United States v. Regas, 2020 WL 2926457 (D. Nevada June 3, 2020)

  • 77 years old, life sentence, solitary confinement, has served 27 years
  • Despite lack of confirmed cases at FCI Herlong, “remains a significant risk of infection to Defendant in light of his age and vulnerability”
  • “The fact that there are no confirmed COVID-19 cases at Herlong is not reassuring, given that there is no facility-wide testing being done there to separate those with COVID-19 from those who do not.

United States v. Williams, No. 3:04-cr-95-MCR-CJK, Dkt. No. 91 (N.D. Fla. Apr. 1, 2020)

  • Medical condition, elderly, at Butner, life sentence
  • Unfortunately, in the context of institutional confinement, social distancing can be nearly impossible to implement and follow, given the large numbers of inmates held together in crowded, closed facilities. In light of this reality, courts around the country have recognized that the risk of COVID-19 to people held in jails and prisons “is significantly higher than in the community, both in terms of risk of transmission, exposure, and harm to individuals who become infected.”

United States v. Harper, 2020 WL 2046381, at *3 (W.D. Va. Apr. 28, 2020)

  • In the context of the COVID-19 outbreak, courts have found extraordinary and compelling reasons for compassionate release when an inmate shows both a particularized susceptibility to the disease and a particularized risk of contracting the disease at his prison facility.
  • Butner inmate, release date November 2021, 62 years old COPD, asthma, hypertension, sleep apnea

United States v. Jenkins, Case No. 1:99-cr-439, Dkt. No. 485 (D. Co. May 8, 2020)

  • Defendant in custody since 1998.
  • Released because he’s been a model UNICOR inmate
  • Has suffered strokes and other medical ailments in prison, and because he’s vulnerable to COVID-19 and
  • even though the BOP has taken a number of measures to protect inmates – the disease has breached facility walls

United States v. Gomez, 2020 WL 2061537, at *2 (S.D. Tex. Apr. 29, 2020)

  • “Courts around the country, including the Fifth Circuit, have noted that the exhaustion requirement can be waived during the ongoing COVID-19 pandemic due to extraordinary and compelling reasons such as the petitioner defendant’s age, underlying health conditions, and family circumstances”
  • DENYING due to lack of health reasons

Valentine v. Collier, 956 F.3d 797 (5th Cir. 2020)

  • “Second, our reasoning on PLRA’s exhaustion requirement does not foreclose federal prisoners from seeking relief under the First Step Act’s provisions for compassionate release. See 18 U.S.C. § 3582(c)(1)(A)(i). Though that statute contains its own administrative exhaustion requirement, several courts have concluded that this requirement is not absolute and that it can be waived by the government or by the court, therefore justifying an exception in the unique circumstances of the COVID-19 pandemic.”
  • Higginson concurrence

United States v. Harris, 2020 WL 4048690, at *1 (3d Cir. July 20, 2020)

  • Warden denial does not mean you have to exhaust, “the statute states that the defendant may file the motion thirty days after the warden receives his request.

United States v. Jackson, 2020 WL 1955402, at *4 (S.D. Tex. Apr. 23, 2020)

  • Inmate’s “high vulnerability to COVID-19 amount to extraordinary and compelling reasons for reducing his sentence pursuant to 18 U.S.C. § 3582(c)(1)(A)(i)”
  • Need for kidney transplant
  • 30-day lapse
  • Conditions – The Court finds that any lingering concerns can be addressed through tailored conditions of release. The Court determines that Mr. Jackson should be placed on home confinement for the first eighteen months of probation, and be subject during that period to whatever location monitoring services the Probation Office sees fit to impose.

United States v. Zukerman, 2020 WL 1659880 (S.D.N.Y. Apr. 3, 2020)

  • Waiving exhaustion and granting immediate release
  • Defendant convicted in multi-million-dollar fraud scheme
  • “The severity of Zukerman’s conduct remains unchanged. What has changed, however, is the environment where Zukerman is serving his sentence. When the Court sentenced Zukerman, the Court did not intend for that sentence to ‘include a great and unforeseen risk of severe illness or death’ brought on by a global pandemic”
  • Age, diabetes, hypertension, obesity

United States v. Edwards, 2020 WL 1650406, at *5 (W. Va. Apr. 2, 2020)

  • “Had the Court known when it sentenced Defendant in 2018 that the final 18 months of his term in federal prison would expose him to a heightened and substantial risk presented by the COVID-19 pandemic on account of Defendant’s compromised immune system, the Court would not have sentenced him to the latter 18 months”
  • Terminal illness; 1B1.13 analysis
United States v. O’Leary, 2021 WL 3677109, at *2 (D. Mont. Aug. 19, 2021)
  • Not only will opportunities for medical care be more abundant outside of the custodial environment, but the Court concludes that although Mr. O’Leary’s offense conduct is serious, to punish Mr. O’Leary by forcing him to spend his last days suffering from cancer in custody and away from his family would be a far greater punitive measure than is necessary to fulfill this Court’s sentencing objectives

United States v. Resnik, 2020 WL 1651508 (S.D.N.Y. Apr. 2, 2020)

  • “Releasing a prisoner who is for all practical purposes deserving of compassionate release during normal times is all but mandated in the age of COVID-19”
  • 65 y/o, diabetes, liver disease
  • Given (1) the highly infectious nature of COVID-19, (2) the limitations in a prison environment (even a prison medical center) on practicing the hygienic and social distancing techniques that the Center for Disease Control has put in place to prevent rapid transmission, and (3) the fact that Mr. Resnick suffers from ailments that have already been identified as “high risk,” this Court finds that Mr. Resnick’s legitimate medical risk is a sufficiently extraordinary and compelling basis for granting compassionate release (*7)
  • “Prisoner mailbox rule,” “inmate’s papers are deemed filed the day that they are signed and given to prison officials for mailing”

United States v. Rodriguez, 2:03-cr-271-AB, Dkt. No. 135 (E.D. Pa. Apr. 1, 2020)

  • granting release after finding risk factors for COVID-19 constitute extraordinary and compelling reason and noting that prisons are “tinderboxes for infectious disease”
  • Elkton inmate, 17 years into 20-year mandatory minimum drug and firearm case, one year from home confinement eligibility
  • Diabetes, HBP, liver problems
    • Statistics on diabetes

United States v. Gonzalez, No. 2:18-cr-232-TOR, Dkt. No. 834 (E.D. Wash. Mar. 31, 2020)

  • releasing defendant one month into a 10 month sentence in light of medical issues; ordinarily these conditions would be manageable but “these are not ordinary times”
  • Waived exhaustion, not yet in BOP custody
  • 64 y/o, COPD, emphysema, inhaler
  • “Impossible to practice social distancing or isolation in a jail setting”

United States v. Colvin, 2020 WL 1613943 (D. Conn. Apr. 2, 2020)

  • 7 days left on sentence
  • Multiple health conditions and inability to social-distance in prison and concluding that “[i]n light of the expectation that the COVID-19 pandemic will continue to grow and spread over the next several weeks, the Court concludes that the risks faced by Defendant will be minimized by her immediate release to home confinement”

United States v. Norris, 2020 WL 2110640 (E.D. NC Apr. 30, 2020)

  • Life threatening, not transferred to BOP facility yet
  • Pneumonia while incarcerated
  • Not bound by 1B1.13

United States v. Harris, No. 18-cr-364 (PGG) (S.D.N.Y. Apr. 8, 2020),

  • finding extraordinary and compelling reasons for release of inmate with asthma and Crohn’s disease, which made him particularly vulnerable to COVID-19

United States v. Sawicz, 2020 WL 1815851 (E.D.N.Y. Apr. 10, 2020)

  • Releasing child pornography offender based on “[t]he COVID-19 outbreak at FCI Danbury, combined with the fact that the defendant is at risk of suffering severe complications if he were to contract COVID-19 because of his hypertension,” despite medication, acknowledges hypertension doesn’t “squarely” fit within 1B1.13

United States v. McCarthy, 2020 WL 1698732 (D. Conn. Apr. 8, 2020)

  • Waiving exhaustion
  • Bank robbery, 38 months
  • MDC but was supposed to go to Danbury for discharge
  • 65 years old, COPD and asthma, pneumonia while in BOP custody

United States v. Brooks, 2020 WL 2509107 (C.D. Ill., May 15, 2020)

  • 247-months, reduced to 200, started in 2007, Elkton
  • Projected release is May 26, 2027
  • 45 years old, morbid obesity, severe asthma, high blood pressure, recovering from bowel surgery
  • Rejects narrow 1B1.13, talks at length about effect of First Step Act

United States v. Gonzalez, 2020 WL 2511427 (D. Conn., May 15, 2020)

  • Govt doesn’t dispute extraordinary and compelling reasons, danger to community and inadequate release plan
  • 4-year sentence, 6 months left to serve
  • Recovering from cancer before sentencing, Allenwood in PA, eligible for halfway house in May 2020
  • Only 1 confirmed case at the time at Allenwood, “But because the general lack of testing and prevalence of COVID-19 among asymptomatic persons, it seems reasonably likely from the single positive test result that there is some ongoing COVID-19 infiltration at Allenwood.”

United States v. Hansen, 2020 WL 1703672 (E.D.N.Y. Apr. 8, 2020)

  • COVID-19 pandemic and medical problems justifies 7-month reduction in sentence

United States v. Johnson, 2020 WL 2515856, at *13 (D.D.C. May 16, 2020)

  • “Moreover, under the circumstances presented in this case, it is clear to the Court that continued detention would now be greater than necessary to comply with the purposes of punishment, based on the Court’s reexamination of the section 3553(a) factors and the Sentencing Commission’s stated policy concerns about the release of dangerous offenders.”
  • Case “fits squarely within the intended scope of the First Step Act’s compassionate-release authorization”
  • Inmate was vet, no priors, PTSD, weapons offenses after trial
  • 41-month sentence starting April 2019
  • High blood pressure and PTSD, “also just shy of the severe-obesity threshold”
  • Pulmonary hypertension and obesity

United States v. Moskowitz, 2020 WL 2187770, at *2 (E.D.N.Y. May 5, 2020)

  • “Defendant suffers from Scimitar’s Syndrome, a birth defect which caused him to be born with an undeveloped right lung due to his heart shifting to his right side during prenatal development. As a result, Defendant lives with one functional lung.”
  • Sentenced in August 2014 to 151 months, oxycodone and money laundering

United States v. Young, 2020 WL 2514673 (D. Mass., May 15, 2020)

  • 41 years old, asthma and obesity
  • Danbury, 30-month sentence, has served 23 months, scheduled release December 31, 2020

United States v. Quintero, 2020 WL 2175171, at *2 (W.D.N.Y. May 6, 2020)

  • 12-month sentence, hypertension, obesity, diabetes
  • Decision is consistent with both the recently enacted CARES Act and with the forceful Memorandum from the Attorney General of the United States
  • Notes not many years left

United States v. Ardila, 2020 WL 2097736 (D Conn. May 1, 2020)

  • Ice detainer
  • 71 years old, diabetes, hypertension, obesity, lung-related condition

Casey v. United States, 2020 WL 2297184 (E.D. Va. May 6, 2020)

  • 76 y/o, heart condition
  • Waives exhaustion
  • FCI Petersburg

United States v. Howard, 2020 WL 2200855 (E.D. NC May 6, 2020)

  • Obesity, COPD, diabetes, at Butner
  • Scheduled for release August 2021

United States v. Coles, 2020 WL 1976296 (C.D. Ill., April 24, 2020)

  • Elkton inmate, 293-month sentence in 2002, hypertension, prediabetic, bladder issues, 19 years of 24-year sentence
  • Waiving exhaustion

United States v. Garcia, 2:95-cr-00142-JPS, Dkt. 196 (E.D. Wisc., March 27, 2020)

  • 296 months of 360-month sentence, career offender due to 1971 conviction
  • Over 65 years old, served at least 10 years, serious medical conditions

United States v. Haney, 1:19-cr-00541-JSR, Dkt. 27 (S.D.N.Y., April 13, 2020)

  • 33 months of 42 month sentence at MDC
  • 61 years old
  • Waives exhaustion, long analysis by Rakoff
  • Relatively in good health but has history of substance abuse

United States v. Morgan, 4:92-cr-04013-WS-CAS, Dkt. 2337 (N.D. Fla., April 27, 2020)

  • Life sentence originally, resentenced to 420 months and 420 months, had finished 288 months, release June 2022
  • Discusses Andre Williams dying before his release
  • Sick cell disease

United States v. Halliburton, 2020 WL 3100089, at *1 (C.D. Ill. June 11, 2020)

  • FCI Forrest City Low, projected release date of January 7, 2025, 120-month sentence
  • 42 years old, diagnosed with asthma and obesity, had SSI disability
  • Tested positive and placed in isolation
  • Discusses lack of immunity, “Defendant continues to be at risk of imminent harm based on his underlying medical conditions”
    • “Very real risk of relapse or reinfection, Defendant also may suffer side effects from COVID-19”
    • Cites study showing “that for some people affected by COVID-19, a full recovery may not happen for years”
      • Can cause lingering cardiovascular problems

United States v. Park, 16-cr-473 (S.D.N.Y., April 24, 2020)

  • Asthma and immune-compromising diseases, 44 years old
  • Danbury inmate caught in shifting BOP guidelines, set transfer for April 30
  • “Given the undisputed severity of Ms. Park’s health condition and the acute danger presented to her by continuing to be housed at FCI Danbury, the Court can no longer wait for Ms. Park to be released.”
    • Ordered immediate release
  • Defrauded 40 individuals of $23 million
  • 3553 – nonviolent, little risk of recidivating, tutors other women and rehabilitative efforts
  • Served about half her sentence

United States v. Reddy, 2020 WL 2320093 (E.D. Mich. May 11, 2020)

  • 30-month sentence for healthcare fraud
  • 73 years old, diabetes, hypertension, orthopedic problems
  • FMC Carswell

United States v. Tran, 8:08-cr-00197-DOC, Dkt. 405 (C.D. Cal., April 10, 2020)

  • Hobbs Act robbery, firearms, 15-year sentence, had served “vast majority”
  • Asthma since childhood
  • Oakdale
  • Case manager declined to accept request, “a refusal to accept a request for release, as Defendant has proffered occurred here, should not ‘deprive him of judicial review…The Court finds that Defendant’s multiple attempts to request release from the BOP, and the lack of action taken to adjudicate such a request, is a constructive denial of his request.”

United States v. Connell, 2020 WL 2315858 (N.D. Cal. May 8, 2020)

  • Started 12 month sentence in October 28, 2019, would be transferred to RCC June 9, 2020, finish September 2020
  • Lompoc
  • Waives exhaustion, notes split across the country
  • Notes government has conceded jurisdictional and mandatory rule in several cases

United States v. Al-Jumail, 2020 WL 2395224 (E.D. Mich. May 12, 2020)

  • 120-month sentence, release date March 19, 2014 (served more than half)
  • Healthcare fraud
  • 60 years old, Fort Dix, coronary arterial disease, diabetes, retinal disease, HBP, heart stints
  • Waives administrative remedies based on threat to health
  • Non-violent, took advantage of beneficial prison programs, “evidence of post-sentencing rehabilitation may sometimes support a downward departure during a resentencing.
  • Finds that COVID-19 and medical condition fit under 1B1.13
  • Holds that it has authority to modify sentence to home confinement

United States v. Ramirez, 2020 WL 2404858 (D. Mass. May 12, 2020)

  • MDC inmate; 2 inmates and 9 staff testing positive
  • Finds 1B1.13 not-binding
  • Language regarding “particularized” risk, not just general threat; “Where particularized conditions do exist, compassionate release is more appropriate.”
  • Waives exhaustion, “The COVID-19 crisis is the kind of situation where an exception to the exhaustion requirement applies”
  • 57 y/o, diabetes, hypertension, high cholesterol
  • Had served 43 months of 66-month sentence for fentanyl, no history of violence

United States v. Richardson, 2020 WL 3402410, at *2 (E.D. Cal. June 19, 2020)

  • This Court recently noted that over the past few months, the BOP has—on several occasions—incorrectly represented the status of inmates’ exhaustion efforts. See U.S. v. Levario, No. 12-cr-00399-JAM, at *4 (E.D. Cal. June 15, 2020). While the Court is not assuming bad faith, it bears mentioning that these mistakes come at a cost to defendants. The Court therefore finds the BOP’s alleged lack of records in this case not to be controlling.
  • But Defendant does not ask the Court to consider his circumstances under the general threat of COVID-19. Rather, Defendant claims that his hypertension, severe obesity, and pre-diabetes, coupled with the critical situation at Terminal Island
    • Hypertension or obesity alone—regardless of age—place a defendant at higher risk of COVID-19 complications
    • 3553(a) – “Terminal Island has not demonstrated that it is equipped to do that” – provide adequate medical care

United States v. Hunt2020 WL 2395222 (E.D. Mich. May 12, 2020)

  • 30-month sentence, FCI Milan, served 30% of his sentence; release date July 2021
  • Identity fraud
  • 30-year-old defendant, congestive heart failure, diabetes, asthma, obesity, sleep apnea, hospitalized multiple times while incarcerated for respiratory emergencies and heart failure, x-ray showed fluid in lungs
  • Was quarantined in special unit
  • Waives exhaustion
  • Criminal history – risk to health and availability of conditions of release outweigh recidivism risk and long criminal history, two armed robberies and drug trafficking crimes

United States v. Rivernider, 2020 WL 2393959 (D. Conn. May 12, 2020)

  • 144-month sentence for wire fraud, started in 2013, 50% of his sentence (65% with credit for good time)
    • Acknowledges wire fraud was “unusually long” sentence under 3553(a), disparate for offender with non-violent, first time offense and strong family ties
  • 54 y/o, diabetes, heart disease, hypertension, underwent bypass surgery while in custody

United States v. Velencia, 2020 WL 2319323 (S.D.N.Y. May 11, 2020)

  • Danbury inmate
  • Sentenced to 120 months on November 2016
  • Heart disease, HBP, seizures, anxiety, heart attack in 2018
  • Waives exhaustion, analysis under “administrative law principles” and separately under equitable principles

United States v. Simpson, 2020 WL 2323055 (N.D. Cal. May 11, 2020)

  • 120-month sentence starting March 2013, oxycodone distribution, Release Date is September 2021, has served 80% of sentence
  • 62 y/o, asthma and diabetes
  • Waives exhaustion
  • Government opposes on exhaustion but does not oppose on the merits

United States v. Guzman, 2020 WL 2781713 (N.D. Ill. May 28, 2020)

  • Renewed motion, “release as soon as practicable and consistent with the judgment of medical personnel”
  • FCI Elkton, discusses conditions

United States v. Somerville, 2020 WL 2781585 (W.D. Pa. May 29, 2020)

  • Hypertension, obesity, hyperlipidemia, chronic bronchitis, asthma, at FCI Danbury
  • Already has one close call “exposure to an infected prisoner” in his unit, 40 others did, 10 tested positive since, describes “open, dorm-like share space”
  • 3553, “because the original sentencing judge was constrained to impose a 15-year, mandatory-minimum sentence, no court has been permitted to fully factor… mitigating characteristics into his sentence.”
    • Non-violent, low-level nature of the drug-dealing offenses that resulted in his criminal history being overstated”
  • 180-month sentence
  • Statistics of BOP rarely filing motions, “poor management, inconsistent implementation, a lack of clear standards”
  • “Some courts have read into this second prong of the statute that the prisoner may seek judicial relief after “the lapse of 30 days from the receipt of such a request by the warden of the defendant’s facility” only if the warden hasn’t responded. Under this view, the 30-day waiting period only applies if the Warden stays silent. If instead the Warden, as here, has issued a written summary denial, then some courts have held that the inmate must proceed through a full appeal process within the BOP and must fully exhaust that process before being able to file in court…Respectfully, the Court finds that reading to be unmoored from the statutory text, as have others.”
  • “Independent assessment” since 1B1.13 not binding

United States v. Foreman, 2020 WL 2315908 (D. Conn. May 11, 2020)

  • Starting 12-month sentence on February 2020
  • Holds 1B1.13 is not binding
  • 58 y/o inmate at Danbury, hypertension and obesity, no COVID-19 cases at the camp at Danbury where inmate is
    • Court agrees with defendant that staff move between the two
  • Extraordinary and compelling reasons exist when a defendant shows he or she has “pre-existing health conditions—respiratory conditions in particular—in combination with the increased risks of COVID-19 in prison”
  • “First-time offender of a non-violent offense”

United States v. Barenechea, 2020 WL 2315638 (N.D. Cal. May 7, 2020)

  • Life sentence to time served
  • Nonviolent drug offense, due to stacked 924(c) counts, 28 years already served, “record of rehabilitation,” risk due to age and tuberculosis

United States v. Ullings, 2020 WL 2394096 (ND Ga. May 12, 2020)

  • 66 y/o, pleaded guilty in January 2020 for Antitrust, fix certain rates for air cargo
  • Waive exhaustion for defendant not in custody yet
  • 8-month sentence, at RAD
  • Finds 1B1.13 is not binding

United States v. Atwi, 2020 WL 1910152 (E.D. Mich. Apr. 20, 2020)

  • FCI Milan
  • 4-month sentence, active tuberculosis when he filed
  • Discusses autistic kids and need to support
  • Government says it is already treating tuberculosis
  • Waives exhaustion, “The requirement states that if a defendant hears nothing from his warden about a compassionate-release motion in 30 days, he may proceed to court. See 18 U.S.C. § 3582(c)(1)(A). Thus, Congress contemplated that a defendant would be able to seek court redress quickly. But 30 days when the statute was passed and 30 days in the world of COVID-19 are very different. Congress likely did not contemplate that a once-in-a-lifetime pandemic would lead hundreds of federal prisoners to seek compassionate release all within a four-week window. Or, using Judge Rakoff’s words, “[b]ecause of the pandemic, prisoners have inundated the BOP with requests for release.”
  • And Atwi has been diagnosed with an infection, which, although it is not currently serious, could make him more susceptible to COVID-19 and serious health consequences. So in light of Atwi’s TB diagnosis and the serious dangers caused by the spread of COVID-19 in prison facilities, Atwi has met his burden of demonstrating that compelling and extraordinary reasons justify compassionate release.

United States v. Gileno, 2020 WL 1916773 (D. Conn. Apr. 20, 2020)

  • Began 12-month sentence on January 2020, at FCI Schuylkill, would be eligible for HC in October 2020
  • Asthma and other respiratory issues, has had multiple bouts of pneumonia
  • Waives exhaustion
  • “Even a few weeks’ delay carries the risk of catastrophic health consequences”

United States v. Joling, 2020 WL 1903280 (D. Ore. Apr. 17, 2020)

  • 2015 offense got 97 months; 2016 offense got 6 months consecutive
  • Has served 56 months at Butner
  • 30 days passed
  • 1B1.13 not binding
  • Hypertension, atherosclerosis, obesity, prostate cancer
  • Court is “sympathetic to the efforts made by the BOP to combat this outbreak, that response has been insufficient as evidenced by the number of infections and deaths which have already occurred in federal custodial institutions”

United States v. Hansen, 2020 WL 1703672 (E.D.N.Y. Apr. 8, 2020)

  • COVID-19 pandemic and medical problems justify 7- month reduction in sentence

United States v. Lacy2020 WL 2093363 (C.D. Ill. May 1, 2020)

  • Severe obesity, hypertension, and diabetes
  • Projected release August 2020, 80 months from 2016 conviction
  • Forrest City Low, Blount’s Disease

United States v. TrentCase No. 16-cr-178, ECF No. 106 (N.D. Cal. Apr. 9, 2020)

  • Obesity, HIV, diabetes

United States v. Pinkerton, 2020 WL 2083968 (C.D. Ill., April 30, 2020)

  • 50 grams of meth, sentenced to 84 months, release date 2023
  • Diabetes, high blood pressure, bone graft, neuropathy
    • BOP mismanaged diabetes now uses wheelchair often, Charcot foot, weakened bones
  • Waives exhaustion, cites “equitable exceptions to statutory rules have been recognized in the past”
  • “Not an exhaustion requirement in the traditional sense”
  • Waiver appropriate on “case-by-case basis”
  • Served over 3 years of her sentence with only one minor infraction

United States v. Logan, 1:12-cr-307, Dkt. No. 179 (N.D.N.Y. Apr. 22, 2020)

  • granting compassionate release to 58 years old w/ diabetes, hypertension, hypercholesterolemia, and coronary artery disease

United States v. Anderson, 2020 WL 2521513 (C.D. Ill., May 18, 2020)

  • 96-month sentence, release date May 12, 2021, Forrest City
  • High blood pressure, tested negative for COVID-19 on May 16, 2020
  • “The spread of COVID-19 presents extraordinary and unprecedented challenges for the country and creates a serious issue for prisons. Due to the infectious nature of the virus, the Centers for Disease Control and Prevention (CDC) and state governments have advised individuals to practice good hygiene and social distancing and isolation. Socially distancing can be difficult for individuals living or working in a prison.”
  • Waiving exhaustion

United States v. Clark, 2020 WL 3395540, at *2 (S.D. Iowa June 17, 2020)

  • “high blood pressure and respiratory problems, among other issues, created a risk of COVID-19 complications. Id. at 2–3. He also cited the amount of time he has served, his spotless disciplinary record in prison, and his general rehabilitation”
  • Citing cases of grants, The number of courts agreeing the COVID-19 pandemic constitutes an extraordinary and compelling reason for release still grows by the day
  • The number of courts agreeing the COVID-19 pandemic constitutes an extraordinary and compelling reason for release still grows by the day
  • The case for release becomes more compelling, still, for a defendant with a very small fraction of his sentence left
  • USP Leavenworth, no confirmed cases but no testing

United States v. Cotinola, 2020 WL 2526717 (D.N.M., May 18, 2020)

  • 12-year sentence, release date July 2024
  • 53 y/o, Heart attack, neuropathy, diabetes, hepatitis C, kidney failure,
  • Significant amount of meth, significant criminal history including violence against women

United States v. Lee, 2020 WL 2512415 (N.D. Cal., May 15, 2020)

  • Asthma, moderate to severe, didn’t have access to inhaler, asthma since he was 12, hospitalized due to it at age 16
  • 12-month sentence, release July 2020

United States v. Ginsberg, 2020 WL 2494643 (N.D. Ill., May 14, 2020)

  • Time served conditioned on modification of the terms of his supervised release to include home confinement and location monitoring
  • Fraud defendant, charged in 2014, pleaded in 2018
  • 55-56 years old, history of cardiac and respiratory disease, no inmates positive at facility
  • Reported to prison in June 2019, 33 months in prison

United States v. Blye, 2020 WL 3064225 (W.D. Wash. June 9, 2020)

  • Violated conditions while at halfway house so was sent back to FDC SeaTac
  • 60-month sentence, scheduled release in October 2020
  • Court says elevated risk not necessarily sufficient, looks at underlying conditions
  • Has been treated for respiratory disorders while in custody, including acute upper respiratory infection
  • Hypertension, prediabetic, heart murmur that hasn’t been tested for, history of mental health issues
  • No cases at FDC SeaTac, this is based on finding that the “possibility of outbreak remains high”

United States v. Griggs, 2020 WL 2614867 (D.S.C., May 22, 2020)

  • Drugs and guns defendant, criminal history of theft, had served 10 years before (but let out after 21 months in prison due to parole)
    • “This case involves the most egregious violations of non-violent federal firearm offenses that the undersigned has witnessed during his time on the bench.”
  • 25 months in August 2019, half through sentence, June 2021 is release date
  • “The United States Sentencing Guidelines do not specifically contain a policy statement that addresses motions for reductions in terms of imprisonment that are filed by an inmate.” – says 1B1.13 is for motions brought by BOP director; 1B1.13 only applies to motions brought by BOP director
  • Informal request, Inmate Request to Staff on April 13, 2020, counts
  • 54-year-old man, spinal issues, degenerative disc disease, high cholesterol, high blood pressure, COPD, diabetes, anxiety, and depression, on opioid pain medicine, at Butner
    • Extensive analysis of COPD and obesity/overweight
    • Complaints about BOP medical care
  • Discusses how inmates in general have underlying issues, statistics about inmates with chronic conditions, high blood pressure is very common
  • “While the Court must acknowledge that the BOP is taking proactive measures to prevent the spread of COVID-19 among inmates at Butner and other facilities, there will likely be many more inmates and staff infected as well as more deaths. Public health organizations, political leaders, and medical experts have cautioned the American people with preexisting condition that they should wear masks, frequently wash their hands, and be scrupulous about social distancing. Those measures are simply not feasible in most custodial settings.”
    • “Must acknowledge the severity of the COVID-19 problem at FCI Butner Low”
    • Number of cases “stifles the opportunity for Defendant to receive prompt and adequate treatment”
  • Has spot on his lungs and has COPD
  • “In light of the complications that would almost certainly arise from a COVID-19 infection, and the limitations on medical care Defendant faces during the pandemic, the Court finds that this factor weighs heavily in favor of a reduced sentence.”

United States v. Galloway2020 WL 2571172 (E.D. Mich. May 21, 2020)

  • 235-month for kilo of heroin (charged with firearms and 924c too), has served 10 years since 2010, original sentence was 292 months
  • 1B1.13 “does not constrain the Court’s analysis,” says courts have “independent discretion” but finds that condition and risk falls within 1B1.13, “substantially diminishes his ability…to provide self-care within the environment of a correctional facility and from which he is not expected to recover.”
  • 52-year-old inmate, seizures, aphasia, gastro reflux, diabetes, hepatitis, hypertension, gastritis, at Schuylkill
  • Rejecting government argument that defendant “has exaggerated the effects of his condition” because he has work assignment and expressed interest in “performing pull-ups and lifting weights…This selective reading of the record presents an incomplete picture of Galloway’s life in prison.”

United States v. Parker, 2020 WL 2572525 (C.D. Cal. May 21, 2020)

  • Inmate sentenced to life, crooked cops that seized drugs and sold them
  • Degenerative joint disease, diabetes, hypertension, over 65 years old
  • At Florence
  • Found exhaustion requirement met despite it not being specifically raised on COVID-19 and cites other cases, requests submit pre-COVID, “Sheer sophistry” – it was enough that it raises his medical condition
  • 1B1.13 not binding
  • Reasons – age, medical, changes in law making his sentence lesser
  • Violent conduct in 3553, but “evidence of post-sentencing rehabilitation may plainly be relevant to the history and characteristics of the defendant”
  • Discusses inmate getting degrees, being a suicide companion

United States v. Thompson, 2020 WL 3470301, at *1 (C.D. Ill. June 25, 2020)

  • June 13, 2027, USP Thomson
  • Combined sentence
  • 51 years old, AA, sickle cell trait, clinically obese
    • Discusses how sickle cell trait comes with complications from low oxygen levels, dehydration, etc. “conceivable” that it would be worse with COVID

Cotton v. United States, 2020 WL 3488752, at *1 (E.D. Mich. June 26, 2020)

  • Mr. Cotton is 64 years old. He seeks release due to his obesity, hyperlipidemia, pre-diabetes, asthma and age
  • 60-month sentence, FCI Morgantown, not dissuaded by the prison’s report of zero confirmed cases…”is more likely a result of a lack of testing than a lack of the virus’ presence in the prison.”
    • Looks at count where prison is, has several confirmed cases

United States v. Smith, 2020 WL 3429150, at *1 (E.D. Mo. June 23, 2020)

  • Defendant is 43 years old and suffers from obesity, hypertension, osteoarthritis and several other physical and mental health conditions including anxiety, depression
  • FCI Pekin, 10-month sentence

United States v. Davis, 2020 WL 3443400, at *1 (E.D. Cal. June 23, 2020)

  • 84-month sentence, release date September 2022, Lexington FMC
    • COPD, atrial fibrillation, edema, high blood pressure

United States v. Vence-Small, 2020 WL 2572742 (D. Conn. May 21, 2020)

  • 52 years old, splenectomy, diabetes, hypertension
  • Hazelton, recently confirmed positive case, had denied previously due to lack of confirmed cases

United States v. Kelley, 2020 WL 2850280 (N.D. Cal. June 2, 2020)

  • Sex crimes with minor, 120 months, served about 49 months, half his sentence
  • Two years to live with cancer of prostate

United States v. Anderson, 2020 WL 2849483 (S.D.N.Y. June 2, 2020)

  • Served 2/3 of 84-month sentence for non-violent drug offense
  • “First, as many courts have recognized, the threat of COVID-19 to those in prison constitutes an extraordinary and compelling reason for compassionate release, especially for those whose preexisting medical conditions put them at heightened risk.”
    • Here, severe obesity puts him at high risk, 47 years old
      • Cited CDC and NYT article
  • 3553(a) – initial sentence was warranted based on offense, lengthy criminal history; now weigh differently due to COVID-19
  • Rejects lack of confirmed cases argument, cites lack of testing

United States v. Reece, 2020 WL 1659854, at *1 (S.D. Tex. Mar. 27, 2020)

  • Mr. Reece meets the age-related definition of extraordinary and compelling circumstances in U.S.S.G. § 1B1.13, comment (n. 1(B)). He is 71 years old, he is experiencing serious deterioration in physical health because of the aging process (chronic viral hepatitis C, an enlarged prostate, and stage III chronic kidney disease), and he has served both 10 years and more than 75 percent of his term of imprisonment.
  • Also cites “extraordinary degree of rehabilitation”

United States v. Nazzal, 2020 WL 3077948, at *1 (E.D. Mich. June 10, 2020)

  • Age (65), history of heart disease, including pre-incarceration catheterization, severe asthma, benign prostate cancer, and high blood pressure
  • FCI Milan
  • Release date November 2021, served 69% of sentence, half of restitution
  • “Government rather anemically disputes the seriousness” of health conditions

United States v. Pippin, 2020 WL 2602140 (W.D. Wash. May 20, 2020)

  • Child pornography, had a previous sex offense involving children
  • 84-month sentence, Lompoc, conditions “which consist of dormitories housing 80 or more people with approximately two to three feet between each person…making effective social distancing…out of the question”
  • Pancytopenia and other medical conditions, immune-compromised

United States v. Green, 2020 WL 2992855, at *1 (D. Md. June 4, 2020)

  • Multiple violations of supervised release
  • Release date of September 3, 2020
  • At CTF, DC jail, court grants despite situation there improving

United States v. Schneider, 2020 WL 2556354 (C.D. Ill. May 20, 2020)

  • Drug offense, revoked probation several times, release date September 2020
  • Asthma, immune disorder, pregnant, notes asthma is controlled with use of inhaler
  • Waives exhaustion, lists recognizing equitable exceptions to statutory rules, says it must be a case-by-case basis
  • Cites asthma as condition meriting release despite being controlled with inhaler, notes stats

United States v. Dorsey, 2020 WL 2562878 (W.D. Wash. May 19, 2020)

  • 120-month sentence, FCI Florence
  • 63 years old, congestive heart failure, high blood pressure, obesity, diabetes, inhaler
  • Has served 4 years of a 10-year sentence, “which was a product of a mandatory minimum the Court was required to impose”

United States v. El-Hanafi, 2020 WL 2538384 (S.D.N.Y. May 19, 2020)

  • Terrorism offense, provided material support to Al Queda
  • 15-year sentence, at Butner Low, has been incarcerated for 10 years, projected release date is February 2023
  • Waives exhaustion
  • Discusses crowded condition, inmate tested positive who may have had exposure to the unit where inmate was assigned, 150-160 other inmates in the dormitory, two and three-person cubicles
  • Hypertension, kidney failure, deep vein thrombosis
  • Signs of remorse and rehabilitation during his four years or pre-sentence incarceration, spotless institutional records throughout ten years of incarceration and has participated in a long list of educational, rehabilitative, and job-readiness programs

United States v. Bischoff, 2020 WL 2561423 (D. N.H. May 18, 2020)

  • 48-month sentence, release date is December 2021, FMC Devens
  • Orders immediate release, not 14-day quarantine
  • 79 years old, hypertension, “high-risk category”

United States v. Bennett, 2020 WL 2539077 (S.D.N.Y. May 18, 2020)

  • 16-year sentence, has served 73%, release date is April 2022, served 13.6 years and meets AG Barr’s memo, model inmate teaching GED and other things at FCI Fort Dix
  • Has ICE detainer on him
  • 71 years old, Moshannon Valley correctional Center

United States v. Little, 2020 WL 2613034, at *1 (N.D. Ohio May 23, 2020)

  • “It is true that as of the date of Little’s Motion and the government’s response, less than 30 days had passed since the warden received Little’s request and therefore this provision was not satisfied. However, as of the date of this Order, 30 days have lapsed since the warden received Little’s request. Thus, the statutory requirement is satisfied and the Court will consider the merits of the Motion.”
    • Exhaustion met
  • Felon in possession of firearm, 30-month sentence, FM Lexington, recent kidney transplant and takes immunosuppressant medication
  • Notes “marked increase” in cases from filing date and order
    • Recognizes BOP efforts but still experiencing severe outbreak
  • *2, Notes sentences for at risk inmates “living in fear during a COVID-19 outbreak in their facility experience an incarceration significantly more laborious than before COVID-19”
    • “The laborious nature of this incarceration causes the § 3553(a) factors to favor release before the defendant was served his or her full sentence”

United States v. Lewellen, 2020 WL 2615762 (N.D. Ill. May 22, 2020)

  • FCI Coleman, 64 years old, severe obesity, hypertension, atrial fibrillation, 18-year sentence for drug trafficking
  • Release date in 2026, no disciplinary issues, “little less than 78 months to serve,” 57.6% of time in prison
  • Rejects government that Lewellen “would be at greater risk if he were exhibiting symptoms of his diagnosed conditions”
  • Discusses inmates from different units mingling for meals and that food service workers do not wear masks or gloves

United States v. Brown, 2020 WL 2615616 (E.D. Pa. May 22, 2020)

  • 15-year sentence in February 2015, 7-million dollar home loan fraud scheme
  • June 2019 diagnoses with myeloma and blood cancer, FDC Philadelphia, denied prior COVID-19 petition
  • Neuropathy and asthma

United States v. Morris, 2020 WL 2735651 (D.D.C. May 24, 2020)

  • Waives exhaustion, BOP cannot locate his request
  • USP Lewisburg, has one case
  • 71 years old set to be released June 2020
  • Hypertension, COPD
  • “The text, context, and history of the compassionate release statute thus make clear that, far from enacting a bar to judicial review, “the 30-day rule was meant as an accelerant to judicial review.”

United States v. Jackson, 2020 WL 2735724, at *3 (W.D. Va. May 26, 2020)

  • Jackson suffers from type 2 diabetes, asthma, sleep apnea, and obesity. While none of these medical conditions alone constitute an extraordinary and compelling reason warranting a sentence reduction under Application Note A, when taken together, they exacerbate the risk that COVID-19 poses to Jackson.
  • Waives exhaustion, futile since not in custody
  • 12-month sentence

United States v. Gutman, 2020 WL 24674345, at *2 (D. Md. May 13, 2020)

  • Defendant is 56 years of age and suffers from multiple sclerosis and hypertension, inmates positive at facility

United States v. Molina Acevedo, 2020 WL 3182770, at *1 (S.D.N.Y. June 15, 2020)

  • CI Moshannon Valley, a private correctional facility located outside Pittsburgh, Pennsylvania, and is scheduled to be released in October 2020
  • ICE custody, diabetes, hypertension, coronary artery disease
  • Discusses facility, sharing toilets and showers, etc

United States v. Plunk, 3:94-cr-36-TMB (D. Alaska Apr. 9, 2020)

United States v. Coker, 3:14-cr-00085-RLJ-DCP, Dkt. 869 (E.D. Tenn., April 15, 2020)


United States v. Benson, 2020 WL 7239983, at *1 (D. Md. Dec. 9, 2020)

  • Morgantown FCI
  • 180 months for cocaine, has served 10 years, release date February 2022
  • Tested positive late November
  • 48 years old, hypertension, hyperlipidemia, overweight, prediabetic

As to the first factor, Mr. Benson’s offense was certainly serious, but he has served over a decade in prison because of it—defense counsel calculated him to have served 77% of the sentence when his motion was filed—and during that time, he has abstained from violent conduct and pursued rehabilitation

United States v. Martinez, 2020 WL 7447513, at *1 (D.N.M. Dec. 18, 2020)

  • 60 months, has served 24 months, release date is April 2022
  • Tested positive, had bad symptoms, continues having bad symptoms, and has been diagnosed with diabetes and hypertension
  • FCI Florence

United States v. Hayes, 2020 WL 6546135, at *1 (W.D. Pa. Nov. 5, 2020)

  • Type 2 diabetes with recent A1c levels at 13.8%), obesity, asthma
  • Served 9 years, has 2 left
  • FCI Big Spring
  • Tested positive but release still warranted
    • Unlike in Patton, for example, where the defendant was asymptomatic and housed in a detention facility with relatively few COVID-19 cases, Mr. Hayes’s counsel has represented that Mr. Hayes has suffered, and continues to suffer, from a host of lingering ailments due to his COVID-19 infection. And further, he otherwise is in poor health and remains in a facility with many cases. When a prisoner contracts COVID-19, and can point to specific post-illness medical conditions or effects from the virus, as well as a non-speculative risk of re-exposure, an extraordinary and compelling reason for release exists.
  • Cites rehabilitation programs

United States v. Estrada-Vasquez, 2020 WL 7319429, at *1 (N.D. Cal. Dec. 11, 2020)

  • 36 months for drugs, has served 25 months, release date September 2021
  • Immigration detainer
  • 54 years old, obesity, diabetes, high blood pressure, high cholesterol
  • Tested positive for COVID-19 previously
  • North Lake Correctional in Michigan

United States v. Staats, 2020 WL 6888224, at *1 (E.D. Pa. Nov. 24, 2020)

  • FCI Fort Dix
  • 47 years old, asthma, hyperlipidemia, PTSD, history of smoking, depression, overweight, served 45 months of 60 month mandatory minimum for CP, months away from home confinement
  • Tested positive for COVID-19
    • While Mr. Staats is asymptomatic and may fully recover from COVID-19, he is still at risk for re-infection.
  • Some cases of reinfection have been far more severe than the initial infection. Because Mr. Staats’s underlying conditions could mean that a second infection may be more severe or even fatal, the fact he has tested positive for the virus is not a reason to deny his release.

United States v. Easton1:18cr22 (ED MO)

  • Marion camp
  • 51, stage 3 kidney, diabetes, hypertension, hyperlipidemia, anemia
  • Could not do regular visits to hospital for kidney disease
  • The fact he has already tested positive for COVID does not mean he is no longer at risk, although it does prove the BOP cannot protect him from the virus.”
  • Rejects government argument that dialysis required to be at risk
    • “The Court finds this to be unacceptable conduct on the part of the Assistant United States Attorney. Mr. Hahn should not make this argument in the future and should seek to withdraw and correct in any pending case where he has asserted it”

United States v. Keys, 2020 WL 6700412, at *1 (E.D. Cal. Nov. 13, 2020)

  • Def served 47 months of his 84-month sentence for heroin
  • Asthma, hepatitis B, possible hypertension, high cholesterol, extreme obesity
  • FCI Terminal Island
  • Tested positive in April
    • “Lack of scientific certainty regarding whether reinfection is possible”
  • 3553 – It is true, defendant’s record in prison is not the only factor to assess, but as defendant notes in reply, prison rehabilitation is a “ ‘critical factor’ in judging the reasonableness of a sentence under § 3553 (a).”

United States v. Wilson, 2020 WL 7024853, at *1 (N.D. Ohio Nov. 30, 2020)

  • mandatory 20-year sentence, has served 14 years
  • 53 years old, hypertension, hyperlipidemia, heart disease, heart attack, pacemaker
  • FCI Elkton
  • Tested positive in June, risk of reinfection

United States v. Walls, 2020 WL 6390597, at *1 (W.D. Pa. Nov. 2, 2020)

  • FMC initially but deemed recovered enough for FCI Loretto
  • Physical injuries, paralysis, spinal chord, asthma
  • 48 months for felon in possession and supervised release violation, has served 29 months
  • Got COVID-19, symptoms
  • Lastly, the Court does not find that Mr. Walls’s “extraordinary and compelling” situation is diminished by the fact that he has already tested positive for the COVID-19 virus while in custody. As an initial matter, there is currently no medical consensus as to whether someone who has tested positive for the COVID-19 virus—such as Mr. Walls—will be protected from reinfection.
  • And the risk of reinfection appears to be somewhat higher for those who have tested positive for the virus but appear to be asymptomatic or minimally symptomatic, such as Mr. Walls.
  • In addition, the record in Mr. Walls’s case does not indicate that his “recovered” status ensures that he is not currently suffering from lingering or latent effects caused by contraction of the virus (even if unbeknownst to him at this time), or that his long-term health has not been negatively impacted. Rather, just like with Mr. Walls’s risk of reinfection, those aspects remain uncertain, but have not yet been ruled out. See Quan-Xin Long, et al., Clinical & Immunological Assessment of Asymptomatic SARS-CoV-2 Infections, Nature Medicine (June 18, 2020), https://go.nature.com/3ifR85S (documenting the clinical patterns of asymptomatic infections and finding that many of the asymptomatic individuals studied developed signs of minor lung inflammation while exhibiting no other symptoms); see also Apoorva Mandavilli, Can You Get Covid-19 Again? It’s Very Unlikely, Experts Say, New York Times (July 22, 2020), https://nyti.ms/3faYwOb (stating that while “[i]t may be possible for the coronavirus to strike the same person twice,” it is more likely “that some people [will] have a drawn-out course of infection, with the [COVID-19] virus taking a slow toll weeks to months after their initial exposure”).

United States v. Mongelli, 2020 WL 6449237, at *1 (E.D.N.Y. Nov. 3, 2020)

  • FCI Fort Dix
  • October tested positive for COVID-19, renewed motion since court had denied in August
  • 288 months for fraud and gambling racketeering, has 3 years left on sentence
  • Has prostate cancer and weakened immune system
  • Spike in Fort Dix cases

United States v. Geiser, 2020 WL 6361919 (N.D.Ohio Oct. 29, 2020)

  • FCI Elkton
  • 180 months for child pornography, projected release date March 2021
  • Fractured skull, headaches from being attacked
  • 61 years old, obesity, chronic obstructive COPD, emphysema, heart disease
  • Got COVID in March, hospitalized with pneumonia, shortness of breath, headaches
  • “Though Geiser has already contracted and recovered from COVID-19, the conditions in his facility make it likely that he will contract the virus again.23 Nearly 1000 FCI Elkton inmates and staff have contracted COVID-19, and nine inmates have died of the virus.24 Two FCI Elkton inmates are currently COVID-19-positive, and the frequent large-scale movements of inmates around the facility create ideal conditions for the disease’s spread.25 Geiser is at high risk of severe illness if he remains incarcerated”
    • Independently, flu season quickly approaches. The flu also increases risk for the compromised.

United States v. Hood, 2020 WL 6255904, at *1 (C.D. Ill. Oct. 23, 2020)

  • 120 months, mandatory minimum, >5 g of meth, release date August 2026; sentenced late 2018
  • FCI Greenville
  • 33 years old, chronic kidney disease, obesity, hypertension
  • Tested positive in October
  • On April 24, 2020, the World Health Organization (WHO) issued a scientific brief saying that the public belief that a one-time infection leads to immunity remains unproven and is unreliable as a basis for response to the pandemic. Specifically, the WHO says that “[t]here is currently no evidence that people who have recovered from COVID-19 and have antibodies are protected from a second infection.” Id. Given the dramatic increase in confirmed cases of COVID-19 at FCI Greenville from the time of the filing of Defendant’s pro se motion to today, and based on the currently available scientific data, Defendant continues to be at risk of imminent harm based on his underlying medical conditions.
  • The first confirmed case of COVID-19 reinfection has already occurred in the U.S., and in that case, the affected individual suffered more severe results from the subsequent reinfection than he did from the original infection. See Mia Jankowicz, Business Insider, “A Nevada man was reinfected with the coronavirus—the first confirmed case in the US—and the 2nd time was worse,” available at https://www.businessinsider.com/nevada-man-first-confirmed-american-coronavirus-reinfection-2020-10

United States v. Moore, 2020 WL 6262323, at *1 (D. Kan. Oct. 23, 2020)

  • 129 months, release date March 2022, drug trafficking
  • FCI Forrest City Low
  • Obesity, hypertension, enlarged heart
  • Tested positive already

United States v. Babbitt, 2020 WL 6153608, at *1 (E.D. Pa. Oct. 21, 2020)

  • FCI Elkton
  • Child porn, sentenced to mandatory minimum 60 months, has served 25 months, release date is December 202
  • Babbitt is 66 years old and suffers from several serious medical conditions, including angina pectoris, hypertension, hyperlipidemia and chronic ear infections causing extreme hearing loss. Prior to his incarceration, he suffered a heart attack and received three stent implants and had double bypass surgery. He also had a stroke that caused memory loss He has a significant history of kidney stones, with two past episodes requiring surgery. In addition to chronic bronchitis, he has an 80% blocked artery that causes chest pains and shortness of breath.
  • Long discussion of Elkton
  • Tested positive for COVID-19, with symptoms in April, “still at risk for re-infection”

United States v. Fernandez, 2020 WL 5909490, at *1 (E.D. Cal. Oct. 6, 2020)

  • FCI Lompoc
  • Asthma, chronic kidney disease, hypertension, obesity, hyperlipidemia
  • Tested positive for COVID-19 in May, had symptoms, dorm mate had sudden death (may have been anxiety and panic attack)
  • In prison since 2017 for 56 months of 120-month sentence
    • Release date is December 2024 (49% of time has been served)
  • Cites re-infection cases, Adrian Solarzano’s death
  • “Given the evolution in scientific understanding of whether reinfection is possible or how long any COVID-19 immunity lasts, experts appear to agree that to preserve the lives of people who live and work at both FCI and USP Lompoc, the population must be reduced to permit prisoners there to physically distance.”

United States v. Carpenter, 2020 WL 5851129, at *1 (E.D. Cal. Sept. 30, 2020)

  • FMC Carswell
  • 78 months for mail fraud, release date is February 2023
  • AV block pacemaker, history of heart attacks, heart condition, tested positive already and she is now at risk

United States v. Pellegrino, 2020 WL 5820325, at *1 (E.D.N.Y. Sept. 30, 2020)

  • FCI Otisville
  • 18 months for healthcare fraud based on defrauding insurance company as a chiropractor
  • Eligible for release on March 12, 2021; self-surrendered on December 2019, has served 9 months
  • Already tested positive and recovered from COVID-19, had been denied furlough

United States v. Hernandez, 2020 WL 5521035, at *1 (D. Haw. Sept. 14, 2020)

  • FCI Terminal Island, sentenced to 240 months, has served 15 years, release date May 2022
  • Obesity, 59 years old
  • Tested positive for COVID, no symptoms

United States v. Galu, 2020 WL 5521034, at *1 (D. Haw. Sept. 14, 2020)

  • He is 48. The primary basis for his motion is the COVID-19 pandemic. He contends that his underlying medical conditions (morbid obesity, hypertension, sleep apnea, asthma, and kidney disease)
  • FCI Terminal Island, has served 7 years on then-mandatory minimum of 20 years, today would be 15 years
  • Cites expert who wrote declaration in civil lawsuit, government expert who said it was all under control
  • Tested positive already, “while Galu might not be in immediate danger of being reinfected, the possibility that he will be exposed to the virus again in the future cannot be ignored”
    • Was hospitalized with pneumonia, fever, difficulty breathing
    • Still has problems breathing, worsening
  • Galu possibly has some immunity against future infection. Individuals infected by certain other viruses have at least some immunity, although the strength and length of that immunity may vary. This court is acutely aware that no one completely understands how the coronavirus operates. Evidence suggests that COVID-19 antibodies decline over time. Some experts, however, have indicated that individuals infected with COVID-19 are likely to remain immune even after their antibody count drops.
    • This court is in no position to make a definitive determination about immunity. But, in any evaluation of whether there are extraordinary and compelling reasons warranting a reduction in his sentence, this court can no more ignore the possibility of immunity than it can ignore the possibility of reinfection.

United States v. Burrell, 2020 WL 5544154, at *1 (N.D. Tex. Sept. 16, 2020)

  • FCI Seagoville and otherwise scheduled to be released from custody on February 9, 2022
  • Morbid obesity (pushing almost 700 lbs), lymphedema, hypertension, gastritis, enlarged heart
  • Needs gastric bypass surgery to reduce weight
  • Already contracted COVID-related pneumonia but recovered, tested positive
  • “Reinfection remains probable at Seagoville (or any facility), despite BOP’s best efforts”

United States v. Quintanilla, 2020 WL 5593203, at *1 (N.D. Ind. Sept. 17, 2020)

  • 240 months for transporting 38 kilos of cocaine
    • Sentenced in 2016, offense in 2014
      • Had served 4-6 years of 20-year sentence
  • FCI Elkton, 75 years old, hypertension, hyperlipidemia, absence of kidney due to nephrectomy, reflux, prostate disorder, liver disease
  • Tested positive for COVID-19 in May 2020, few symptoms
    • But not doctor’s appointment since, so unclear if there are ongoing complications
  • “The Government counters by noting, quite correctly, that whatever his theoretical risk of complications may be he has contracted COVID-19 and has suffered from only mild symptoms. But as Quintanilla responds, there are no conclusive scientific tests demonstrating that an individual cannot become re-infected with the disease. Nor is the existence of a prior COVID diagnosis a legal bar to compassionate release.” *3

United States v. Hatcher, 2020 WL 5257878, at *1 (N.D. Cal. Sept. 3, 2020)

  • FCI Lompoc
  • Type 2 diabetes, chronic kidney disease
  • Had COVID in May 2020, got pneumonia and was hospitalized for 4 days
    • Government acknowledges that contracting COVID-19 and experiencing “collateral consequences” are extraordinary and compelling reasons
  • In custody since 2006 for other offenses, but only 20% of his current sentence

United States v. Nelson, 2020 WL 5203567, at *2 (D.S.C. Sept. 1, 2020)

  • Nelson is sixty-three years old. In May of 2020, he was diagnosed with COVID-19. Nelson reports that on May 30, he suffered a congestive heart failure as a result of the virus and received treatment in the intensive care unit, where he remained for two days. ECF No. 593 at 1. Nelson’s physician at the BOP has indicated that Nelson will soon need to undergo dialysis. Nelson’s attorney has also reported that Nelson suffered another congestive heart failure on July 3, and that as of July 7, he remained in the hospital. ECF No. 594 at 1. Additionally, Nelson has experienced renal failure.
  • Life sentence, charged in 2005 for drug distribution
  • Deterrence 3553/danger – releasing under life-threatening health complications,” and given age and health, “Nelson does not pose a risk”

United States v. Weems, 2020 WL 4558381, at *1 (S.D. Fla. Aug. 7, 2020)

  • 50 months, FCI Butner Medium I
  • Tested positive for COVID-19, has type 2 diabetes, obesity, high cholesterol, high blood pressure, sick cell
  • Would have been in home confinement but RDAP was suspended
  • Exhaustion – counts home confinement as compassionate release
  • While Defendant has reportedly recovered from COVID-19, the Government fails to show that Defendant’s medical status will not decline as a result while he is incarcerated. Nor does the Government convince the Court that Defendant’s health will even remain the same.

United States v. Rodriguez, 2020 WL 5045203, at *1 (W.D. Va. Aug. 26, 2020)

  • FCI Elkton with a projected release date of August 31, 2023
  • 108-month sentence, drugs
  • Exhaustion – if warden denies within 30 days, inmate must exhaust, government waives here
  • Quinones Rodriguez argues that the incapacitation of his minor children’s caregiver constitute extraordinary and compelling reasons
  • Government argues danger to community based on positive COVID test from two months, can address via home confinement
  • The government argues that the § 3553(a) factors weigh against a sentence reduction because of Quinones Rodriguez’ criminal history. While Quinones Rodriguez pled guilty to a serious drug offense, he has served almost 60% of his sentence. Further, Quinones Rodriguez was sentenced with a criminal history score of three and does not have a violent criminal conviction. In fact, before the current offense, Quinones Rodriguez’ criminal history only included two convictions for possession of marijuana and one for disorderly conduct

United States v. Davidson, 2020 WL 4877255, at *1 (W.D. Pa. Aug. 20, 2020)

  • FMC Lexington, release is September 2021, 60 months
  • Kidney disease, type 2 diabetes, hypertension, cholesterol
  • Care Level 3 inmate
  • Discussion of chronic kidney disease
  • Tested positive in early May 2020, asymptomatic
  • Submitted to two wardens, was transferred, Court must decide if both required notice of request
  • And allowing a defendant’s request from a prior facility to start the thirty-day clock does not impede that policy—the BOP still has had its opportunity to try to resolve the issue at an administrative level before the defendant sought relief in federal court
  • In addition, if an administrative request for compassionate release is received at a location that is not the “defendant’s facility,” it appears that the BOP will route such a request to the appropriate person at the appropriate facility.
  • Extensive discussion of issue exhaustion, mirror image rule
    • That leads the Court to the second and more recently emerging line of cases, which this Court finds to be more persuasive particularly in light of the timing of Mr. Davidson’s BOP administrative proceedings. These cases hold that a court may consider the ways in which changing health conditions—including the emergence of the COVID-19 pandemic (or any other relevant intervening circumstance)—impact or exacerbate a defendant’s ongoing health conditions. Under this approach, a court is to consider a defendant’s evolving medical situation, including but not limited to COVID-19-related concerns, at least when as here the motion has as its central premise the same ongoing health concerns that were identified in the defendant’s administrative request for release before the BOP
    • In other words, in the world as it actually exists now, the BOP at the highest levels has formally stated that it is administratively considering each and every inmate for release to home confinement because of the COVID-19 pandemic, and therefore presumably could so designate Mr. Davidson for home confinement at any time. Thus, there would be no need to “remand” Mr. Davidson back to the BOP so that he could ask the BOP to now undertake internal administrative review of his COVID-19-related concerns, since that is the very same administrative review that the BOP reports that it is nonetheless performing as to each and every federal inmate.
  • “Lastly, the Court does not find that Mr. Davidson’s “extraordinary and compelling” situation is diminished by the fact that he has already tested positive for the COVID-19 virus while in custody. As an initial matter, there is currently no medical consensus as to whether someone who has tested positive for the COVID-19 virus—such as Mr. Davidson—will be protected from reinfection.”
  • And the risk of reinfection appears to be somewhat higher for those who have tested positive for the virus but appear to be asymptomatic, such as Mr. Davidson.
  • In addition, the record in Mr. Davidson’s case does not indicate that his “recovered” status ensures that he is not currently suffering from lingering or latent effects caused by contraction of the virus (even if unbeknownst to him at this time), or that his long-term health has not been negatively impacted. Rather, just like with Mr. Davidson’s risk of reinfection, those aspects remain uncertain, but have not yet been completely ruled out

United States v. Braxton, 2020 WL 4748536, at *1 (D. Md. Aug. 17, 2020)

  • FCI Danbury, 246 months for heroin, mandatory minimum under 851 notice but noted it was greater than necessary
  • Reduced to 168 months, still has 4 more years
  • Tested positive in April, requested compassionate release again after denied before he got COVID
  • “Though it is undoubtedly a positive sign that Braxton appears to have recovered following his positive COVID-19 test in April, this recovery is not firm evidence that Braxton is no longer at a heightened risk of severe illness. As of this writing, it remains unknown both (1) to what degree individuals who recover from COVID-19 benefit from long term immunity to the various strains of the virus, and (2) what sort of future complications an individual such as Braxton might suffer following an apparent recovery.”
  • 3553 factors – “Separately, contracting COVID-19 “increased the severity of [Braxton’s] sentence beyond what was originally anticipated,” and itself weighs in favor of a finding of extraordinary and compelling reasons.”
  • As for the “need for deterrence,” Braxton has numerous prior convictions. Accordingly, it is only rational to conclude that a substantial penalty is necessary to dissuade him from future offenses. However, for a person of Braxton’s age and ill health, any sentence of over a decade is bound to have a very substantial deterrent effect, particularly given Braxton’s traumatic experience of contracting COVID-19 during his current incarceration. Braxton has every reason to anticipate that another conviction could cause him to spend his final years of life incarcerated, and there is little reason to think a sentence of 20 years would deter him more forcefully than a 14 year sentence; either way he will know his next chance is likely to be his last.

United States v. Huarte, 2020 WL 4429424, at *2 (S.D. Fla. July 31, 2020)

  • Huarte is obese and suffers from an acute upper respiratory infection called Legionnaires’ Disease
  • FCI Coleman
  • 262 months in prison, arrested in 2011 (in prison for 9 years), release date is April 2030
  • On July 16, 2020, she tested positive for Covid-19. Her condition is not critical, and earlier today, she tested negative for the coronavirus. Although she has not required hospitalization for this illness thus far, the Court acknowledges the possibility that she could still develop complications from the disease, and crucially, Huarte is still susceptible to catching Covid-19 a second time. In this case, regardless of whether or not Huarte currently has Covid-19, the compassionate release analysis is the same because she is in danger of contracting the disease again.

United States v. Armstrong, 2020 WL 4366015, at *1 (S.D. Cal. July 30, 2020)

  • Terminal Island, sentenced to 46 months in 2018 for large quantity of meth
  • 54 years old, high blood pressure, high cholesterol, type 2 diabetes, obesity
  • Tested positive for COVID, listed as recovered on May 10, 2020, but has filed declaration saying he still has shortness of breath; D also argues reinfection risks
    • Cites Adrian Solarzano’s death, which “makes it clear that simply announcing that an inmate has “recovered” does not mean that Mr. Armstrong is completely safe from the virus”
  • “Finally, the Court is aware that defendants committing similar offenses now, in the time of COVID-19, are receiving vastly lower sentencing recommendations, because their time in custody is harsher.”

United States v. Smith, 2020 WL 4345327, at *1 (W.D. Wash. July 29, 2020)

  • September 9, 2023 release date; FCI Jesup
  • 51 month sentence that he began on January 2020
  • Diabetes and obesity, smoking cigarettes history
  • Defendant tested positive for COVID-19, but asymptomatic
    • “Defendant contends that his positive COVID-19 test does not diminish his need for compassionate release, emphasizing the scientific uncertainties surrounding recovery from the virus, including whether those who have recovered from COVID-19 may be susceptible to reinfection”
    • “The Court will not deny defendant’s motion for health-based compassionate release based solely upon a speculation that, if he remains incarcerated during the COVID-19 pandemic, he is at reduced risk because he already contracted the virus once.”

United States v. Israel, 2020 WL 4362258, at *1 (S.D. Fla. July 29, 2020)

  • 500 months’ imprisonment in 1996
  • FCI Miami, projected release date is November 2030
  • Renewed motion
  • Tested COVID positive
  • Hyperlipidemia, hypertension, pneumonia, obesity

United States v. McConico, 2020 WL 4431424, at *1 (E.D. Mich. July 31, 2020)

  • Elkton FCI. He is 41-years old and scheduled for release on May 30, 2026
  • 10-year sentence for selling heroin that caused death
  • McConico suffers from Type II diabetes, hypertension, obesity, and high cholesterol
  • McConico tested positive for COVID-19 on July 2, 2020. Says he is still experiencing symptoms
  • District courts have held that recuperating from the virus at home is more effective than recuperating in prison
    • “Home quarantine is both safer and more rigorous than quarantine in prison, where social distancing is structurally impossible.”
  • “McConico has a strong reentry plan, which diminishes the Court’s concerns as to his recidivism”

United States v. Johnson, 2020 WL 4284314, at *1 (D. Kan. July 27, 2020)

  • “He was sentenced to 58 months in prison [for drug crime] , with a three-year term of supervised release. Doc. 98 at 2-3. He is currently incarcerated at FCI Lompoc (Low), and his projected release date is February 7, 2022.”
  • Tested positive for COVID, 51 years old, chronic kidney disease, type 2 diabetes, hypertension, and obesity

United States v. Watson, 2020 WL 4251802, at *1 (D. Nev. July 22, 2020)

  • Defendant has served 14 months out of his 48-month sentence
  • Tested positive for COVID-19, “has been resolved,” currently isolated in a one-room dorm with other inmates who tested positive
  • Asthma, obesity, hyperlipidemia, gout, autism, osto-arthritis
  • While the science is unclear on whether reinfection is possible, “the Court must err on the side of caution to avoid potentially lethal consequences for [Defendant].
  • No longer segregating sex offenders
    • “Defendant is fearful of the non-sex offenders in his dormitory who harass and intimidate him.”

United States v. Davis, 2020 WL 4049980, at *1 (C.D. Ill. July 20, 2020)

  • FCI Forrest City Low and has a projected release date of January 16, 2022
  • 240-month sentence; tested positive for COVID-19
  • 44 years old, African American man, type 2 diabetes, hyperlipidemia, hypertension, obese
    • Court cites CDC study on race
  • Additionally, the Court finds that there is a chance that Defendant may contract COVID-19 again. Defendant argues that research shows that most patients who recover from COVID-19 have neutralizing antibodies, which indicates immunity for the affected individual. See Government’s Response, d/e 332, p. 4. However, the CDC recognizes that it is possible for an individual who had COVID-19 to become infected again by the virus. As of July 20, 2020, the CDC provides the following advice:
    • The immune response, including duration of immunity, to SARS-CoV-2 infection is not yet understood. Patients infected with other betacoronaviruses (MERS-CoV, HCoV-OC43), the genus to which SARS-CoV-2 belongs, are unlikely to be re-infected shortly (e.g., 3 months or more) after they recover. However, more information is needed to know whether similar immune protection will be observed for patients with COVID-19.

United States v. Medlin, 2020 WL 4274199, at *3 (M.D. Tenn. July 24, 2020)

  • As discussed above, the Sentencing Commission has issued a binding policy statement regarding reduction of a term of imprisonment under Section 3582(c)(1)(A).
    • Says Guidelines advisory in sentencing but not sentence reductions
  • Renewed motion, denied twice
  • 169-month sentence, FCI Seagoville; release date is December 2021
  • COPD, diabetes, age 60
  • Change its mind based on DOJ, “it appears that the Government nationwide changed its position regarding the existence of ‘extraordinary and compelling reasons’ in cases like Defendant’s”
    • But shortly after May 1, the Justice Department adopted a new and more lenient (towards defendants) standardized view. And consistent with that view, while continuing to maintain that Defendant should not be released, the Government now concedes what it did not concede before: that in light of Defendant’s COPD and Type-2 diabetes, he has shown “extraordinary and compelling reasons” under U.S.S.G. § 1B1.13 cmt. app. n. 1(A)(ii)(I) and thus is eligible for further consideration for compassionate release
  • Low risk of recidivism based on age, compromised medical condition
    • Also due to positive COVID test, The Court can, and does, conclude that this episode would tend to cool Defendant’s enthusiasm for being out and about committing crimes—especially since, in the Court’s view, it is widely understood at present that a person who recovers from COVID-19 could have sustained long-term health damage and also could become infected a second-time with COVID-19
  • “Having said that, the Court is willing to accept that Defendant is at a higher risk of infection in BOP custody than he would be if released, given the undisputed existence of a major COVID-19 outbreak at FCI Seagoville that already has claimed Defendant. The Court is also willing to accept that Defendant’s significant medical issues and prior COVID-19 infection make him especially prone to bad outcomes in case of infection.”

United States v. Hendry, 2020 WL 4015487, at *1 (S.D. Fla. July 16, 2020)

  • FCI Jesup in Georgia
  • Third renewed motion, filed second when there were positive cases, third when he got COVID-19
  • Served only 28% of his sentence

United States v. Burton, 2020 WL 4035067, at *1 (N.D. Cal. July 17, 2020)

  • COVID-19 positive – “he is experiencing shortness of breath, fever, coughing and aches and pain but has not received follow-up care from doctors or nurses and continues to live in a crowded unit”
  • FCI Seagoville
  • Motion for reconsideration, based on new outbreak
  • Congestive heart failure, high blood pressure, obesity, asthma

United States v. Jacobs, 2020 WL 3637625, at *1 (S.D. Iowa July 2, 2020)

  • He also has been diagnosed with bipolar disorder, depression, anxiety, and post-traumatic stress disorder
  • Long criminal history
  • Pleaded guilty in January 2020, sentenced in May to 24 months imprisonment, with time served since August 2019, projected release April 28, 2021; was ill at sentencing but was not treated at county jail
  • Tested positive for COVID-19
  • Was treated with “Tylenol and sequestration,” continues to test positive a month later, and is granted 3582 sentence reduction while still held at county jail
  • “particularly dire at county jails”
    • Exhaustion is impossible since he is at county jail
    • 1B1.13 not binding, courts have discretion
  • Reasons:
    • COVID-19 is a reason, also when defendant shows he received inadequate care following a COVID-19 diagnosis or has underlying health conditions that can make that diagnosis more deadly

United States v. Hayes, 2020 WL 3790615, at *1 (N.D. Ill. July 7, 2020)

  • FCI Oakdale I, 252-month sentence, started in 2013
  • Diabetes, hypertension, obesity
  • “Although Hayes fortunately tested negative for COVID-19 on May 14, 2020, the disease remains highly transmissible in tight spaces like Oakdale. And, despite the BOP’s efforts, Oakdale is more than twenty times worse at containing COVID-19 than the rest of nation, and its inmates are twice as likely to die of COVID-19 than members of the population at large. Hayes remains at extraordinary risk”

United States v. Hanson, 2020 WL 3605845, at *1 (D. Or. July 2, 2020)

  • COVID-19 positive, recovered
  • “Defendant was sentenced to eighty-seven months of confinement and a ten-year term of supervised release. Doc. 52 at 28. Having served just under four years of his sentence at FCI Terminal Island, defendant has approximately twenty-eight months remaining with a projected release date of October 22, 2022”
  • Cites lack of follow-up test to confirm, since initial diagnosis
  • Asthma, lung disease, history of pulmonary embolism, Terminal Island is “coronavirus hotspot,” conditions are “near textbook example of extraordinary and compelling reasons”
  • That defendant has been deemed “recovered” by BOP does not change the Court’s analysis. First, there is no indication that defendant has tested negative for COVID-19 since his initial contraction of the virus. Second, defendant continues to complain of symptoms that may indicate the presence of a blood clot. Indeed, recent bloodwork confirmed that defendant currently has a lowered International Normalized Ratio (“INR”) value, indicating a heightened risk of developing blood clots in persons with clotting disorders. This suggests that defendant is currently infected or may still be suffering from side effects associated with his initial infection. Third, there is no current scientific evidence to indicate that a “recovered” COVID-19 patient is immune from reinfection, as several courts have recently acknowledged
    • Notes blood clot could be aggravated and Terminal Island has limited resources due to responding to COVID-19 outbreak

United States v. Chargualaf, 2020 WL 3619007 (D. Guam. July 2, 2020)

  • 25 years of his total reduced sentence of 36 years and 6 months.
  • Extraordinary reasons, “The first is the extraordinary and compelling efforts at rehabilitation Defendant has made while in prison. See Tr. at 4:7-10. It is truly rare to encounter an incarcerated individual who inspires as much hope for the prospects of former prisoners than Mr. Chargualaf.”
  • Also hepatitis C, “which compromises his liver function”
  • Tested positive for COVID-19 in May 2020, “underwhelming medical attention”

United States v. Plank, 2020 WL 3618858, at *1 (D. Kan. July 2, 2020)

  • FCI Forrest City Low, and his present projected release date is April 27, 2029
  • 144-month sentence
  • 1B1.13, “in accordance with the weight of authority, the Court is not limited to circumstances (A) through (C)” and has discretion
  • Tested positive for COVID-19 on May 21, 2020, asymptomatic
  • Finds that “the risk to defendant remains, as it has not been established that a person becomes completely immune to the virus after infection”
  • 54 years old, multiple heart attacks, severely obese, congestive heart failure, diabetes, sleep apnea, COPD
  • Cites conditions of Forrest City
  • low-security facility, he has no known history of violence, and neither his present offense nor his previous offenses involved the use of any weapons

United States v. Rachal, 2020 WL 35454473 (D. Mass. June 30, 2020)

  • Release January 2023, served 52 months of 101-month sentence
  • Butner Low
  • 68 years old, hypertension
  • Has tested positive for COVID-19

United States v. Heyward, 2020 WL 3547018 (D. Md. June 30, 2020)

  • 66 months, revoked supervised release, 16 months left on November 2021
  • 65 years old, hypertension, hepatitis C, peripheral vascular disease
  • Tested positive for COVID-19, “recovered”
    • Parties agree he meets extraordinary and compelling reasons standard due to medical conditions
      • Government says it is unclear how to treat “recovered”
      • Government does not dispute that reinfection is impossible
    • Main Govt argument is recidivism, drug dealer history
  • “I agree with Mr. Heyward that at his age he does not pose such a danger to the community as to disqualify him for compassionate release, and I will impose conditions of release that further mitigate the risk of recidivism. First, Mr. Heyward’s sentence is not shortened in terms of years, but is instead, converted from institutional confinement into home confinement. Second, Mr. Heyward will submit to location monitoring. Under these conditions, his release does not pose a danger to the community.”

United States v. Gaitan, 2020 WL 3469395, at *1 (S.D. Cal. June 25, 2020)

  • BASHANT, Mr. Gaitan is 29 years old. At the time of his Probation interview he “reported he is physically healthy overall,” but that he suffers from an arrythmia and has a defibrillator installed to manage his heart rate
  • Two cardiac arrests since testing positive for COVID-19 6 months of 10-month sentence
    • Says medical staff at Terminal Island is too overwhelmed to assist him with follow up
      • Cites “strong possibility that he will continue to face complications because of his exposure and his heart problems

United States v. Yellin, 2020 WL 3488738, at *1 (S.D. Cal. June 26, 2020)

  • MOSKOWITZ, Terminal Island, release date is September 2021
  • 47 months served of 72-month sentence for child pornography
  • Tested positive but no symptoms, had expert witness declaration and information about COVID-19 reinfection
  • Rejects government argument that COVID-19 test means he needs to submit new request and wait a new 30 days
  • 76 years old, diabetes, hypertension, heart disease, high blood pressure, lymphoma, remission of prostate cancer
  • Conditions at TI
    • “The particular conditions at Terminal Island heighten the potential lethality of Mr. Yellin’s situation. Although the BOP has taken substantial measures to combat COVID-19 at Terminal Island, they have not alleviated Mr. Yellin’s circumstances. Terminal Island is overcrowded by 133%, which is higher than the federal average. (ECF No. 148, Exh. B, at 5.) Current inmates are not tested for COVID-19 unless they display symptoms or are linked to a COVID-19 outbreak. (ECF No. 148, Exh. A (“Prioleau Decl.”), 1 46.) Inmates are confined in dormitory-style units with dozens of others, making social distancing impossible. (ECF No. 148, Exh. B, at 5.) Both prisoners and staff are given limited personal protective equipment but are not mandated to wear them in all settings”
      • The Government has not presented evidence that Mr. Yellin would not likely contract COVID-19 again”
      • “the possibility of reinfection persists. The virus is so new that the scientific community does not yet have answers to whether reinfection is possible”
      • Cites Adrian Solarzano
  • Hadn’t completed sex offender treatment, but “any risk of danger to the community can be addressed by Court and US probation office”

United States v. Common, 2020 WL 3412233, at *1 (C.D. Ill. June 22, 2020)

  • FCI Forrest City Low, projected release date of April 5, 2026
  • Hypertension, asthma (hospitalized, had since child)
  • Had already contracted COVID-19 once
    • “The risk of reinfection is not merely theoretical”
    • Cites USS Theodore Roosevelt, soldiers were re-infected, cites Columbia University on endemic coronaviruses
    • Also cites study that “full recovery may not happen for years, if at all”

United States v. Platte, 2020 WL 3441979, at *2 (D.N.H. June 22, 2020)

  • morbid obesity, hypertension, obstructive sleep apnea, asthma, and a history of pulmonary embolism
  • FMC Rochester, served 85% of his sentence
  • Release date January 24, 2023, been incarcerated 30 years
  • Diabetes, hypertension, hyperlipidemia, family history of heart disease
  • Had tested positive, can get re-infected
    • When inmate has tested positive, “this does not end the inquiry. Instead, the analysis shifts to the adequacy of the available medical treatment in the defendant’s facility.”
      • Placed on observation for only 10 days, then returned
      • Despite positive test result, not scheduled for any follow-up care for another three months
  • Only recently began 41-month sentence

United States v. Kess, 2020 WL 3268093, at *1 (D. Md. June 17, 2020)

  • Medical history includes congestive heart failure, diabetes, morbid obesity, and hypertension, is incarcerated at FCI Lompoc, in Lompoc, California.
  • Tested positive May 9, “seems to have recovered”
  • Served half his sentence, 70 months of 12-year sentence
  • Discusses social distancing in depth, difficulties of incarceration
  • Cites other judges that have released recovered inmates, defendant argues that he was never re-tested, BOP relied on “visual cues and timing,” could still be shedding the virus and long term effects are unknown
  • Morbid obesity
  • 3553 – extensive history but was young

Snell v. United States, 2020 WL 2850038 (E.D. Mich. June 2, 2020)

  • FCI Milan, release date August 2022 for a 5-year sentence for heroin
  • 56 years old, tested positive for COVID-19 on April 11, has been discharged from isolation
    • “Because Snell already contracted, and has largely recovered from, the COVID-19 virus, his main health concern is the strain the pandemic has placed on his access to medical care.”
      • Spina bifida, must self-catheter and gets UTIs
      • Notes that FCI Milan “is not a medical facility”
    • Not designed to provide acute medical en masse. Accordingly, what little medical resources FCI Milan has are now being funneled to COVID-19 patients, leaving inmates with chronic conditions, like Snell, more vulnerable to deterioration or infection.”
    • Immunity – “seeing that it is a novel virus, researchers cannot definitively conclude whether Snell could contract it again.
      • Cites BBS article, “Immunity to Covid-19 is not as clear cut as we might hope.”
        • “Snell will not be a guinea pig to test this possibility.”
        • FCI Milan “is not a conducive facility for Snell’s health, both in regards to the virus and his underlying condition”

United States v. Parramore, 2020 WL 3051300, at *1 (W.D. Wash. June 8, 2020)

  • FCI Terminal Island with a projected release date of July 22, 2020
  • 52 years old, needs urgent surgery to fix deteriorating vision from glaucoma
  • BOP has failed to treat him, he has also tested positive and been deemed recovered

United States v. Williams, 2020 WL 3073320, at *2 (D. Md. June 10, 2020)

  • 11 months left on his 27-month sentence, release date is in 7 months
  • DC CTF has COVID outbreak, no warden so it’s futile
  • Obese and harsh lockdown, cites other judges who find obesity to be a contributing factor to risk level
  • COVID positive in May 2020, “ostensibly recovered and had been released back into the general inmate population”
  • Uncertain if he can contract it more than once, and long-term effects of the illness are still undetermined
  • “Notwithstanding Mr. Williams’ ostensible recovery, much is still unknown regarding COVID-19 and any lingering complications, and the CTF is experiencing constrained resources”

US v. Fischman, 2020 WL 2097615 (N.D. Cal., May 1, 2020), releasing inmate from Terminal Island who tested positive

  • Notes RDAP and halfway house shortens length of time to serve
  • 72 year old first time offender, 72 month sentence
  • Notes government contradicting itself, “case-by-case approach…results in arbitrary differences in the treatment of similarly-situated defendants”
    • “The government’s interpretation of § 3582(c) should not change based on whether an inmate is incarcerated in New York or California.”

United States v. McCall, 2020 WL 2992197, at *1 (M.D. Ala. June 4, 2020)

  • May 20, McCall tested positive for COVID-19, has sickle cell disease
  • Defendant at Forrest City Low, argues BOP does not have specialized medical care
  • Court had hearing with BOP medical staff, none had expertise in sickle cell disease
  • Resources at Forrest City are going to other COVID, BOP failed to isolate him and treat him like COVID patient

United States v. Brown, 2:18-cr-360, Dkt. No. 35 (N.D. Ala. May 22, 2020)

  • On reconsideration
  • Forrest City, inmate participated in video conference hearing
  • Waives exhaustion
  • COVID-19 positive on May 19
  • Asthma diagnosis, affects respiratory tract and can cause asthma attack, and possibly lead to pneumonia and acute respiratory disease
  • Says medical treatment at BOP is inadequate, inmate is isolated, use of firearm in drug trafficking
  • Says HC and conditions are not “get out of jail free” card

US v. Razzouk, 1:11-cr-00430, Dkt. 136 (EDNY) – releasing inmate who tested positive, has COPD

  • Excusing failure to exhaust
  • BOP was already releasing him, “additional time in prison risks denying Razzouk timely and adequate access to medical care that he may require, in light of his diagnosis” and “exposing him a second time to the virus”

United States v. Kringlstein, No. 16-cr-633, ECF No. 60 (D.N.M. Apr. 27, 2020)

United States v. Huntley, No. 13-cr-119-ABJ, ECF No. 263, at 10 (D.D.C. May 5, 2020).

  • Butner, 120-month sentence
  • Spinal cord injury and other health conditions, paraplegic
  • Significant criminal history
  • However, the application of this policy to actual prisoners has been slow and accompanied by strange conditions, such as that the prisoner must be quarantined for fourteen days before his release, in case he has somehow already contracted Covid-19 (in which case he will not be released even though he might receive far better treatment outside).

Yeury J.S. v. Decker, Case No. 2:20-cv-5071-KM, Dkt. No. 20 (D.N.J. May 11, 2020)

  • Releasing immigration detainee who tested positive, TRO

United States v. Bacon, 7:16-cr-00002-JL-TQL, Dkt. 537 (M.D. Ga., May 1, 2020)

  • COVID-19 positive, at Butner
  • Went back and forth due to shifting BOP guidelines

United States v. Barber, 2020 WL 2404679 (D. Ore. May 12, 2020)

United States v. Arreola-Bretado, 2020 WL 2535049 (S.D. Cal. May 15, 2020)

  • Granting compassionate release to defendant who tested positive for COVID-19 after concluding she will receive superior medical care outside of the custody of the Otay Mesa detention facility
  • Also citing that she will be deported upon release
  • Waives exhaustion based on futility, since there is no BOP warden
  • 1B1.13 not binding

United States v. Kurtz, 16-cr-20036, Dkt. 40 (D. Kan. May 12, 2020)

  • Granting compassionate release to 73-year-old CP defendant hospitalized with COVID-19, who spent 18-20 days on a ventilator, “was non-responsive, non-verbal,” and whose “prognosis was poor”

United States v. Sholler, 2020 WL 2512416, at *4 (N.D. Cal. May 15, 2020)

  • “Defendant has submitted a medical summary from the Bureau of Prisons (“BOP”), dated April 8, 2020, indicating that he has the following diagnoses: Parkinson’s disease, major depressive disorder, acute sinusitis, diabetes mellitus (type II), hyperlipidemia, ulcerative colitis, and COVID-19 virus infection.”
  • Terminal Island, hospitalized in April 2020
  • COVID-19 positive, “The parties agree that it remains unclear whether recovering from COVID-19 renders one immune from new infection”
    • “At the very least, the Court disagrees with the government’s position that defendant would be at lower risk of reinfection at Terminal Island, which has seen seven prisoners die of COVID-19 and has recorded the second-highest number of infected prisoners in the BOP system, than he would at a halfway house.”
  • Release August 2023

https://www.nbcnews.com/health/health-news/some-have-tested-positive-covid-19-after-recovering-what-does-n1210361 – but not contagious?



Not on WL

United States v. Martin, No. 2:08CR244, ECF No. 241 at 8 (W.D. Wash. Aug. 3, 2020) (granting release to 48-year-old with hypertension and sleep apenea; “t]he Court will not deny defendant’s motion for health-based compassionate release based solely upon a speculation that, if he remains incarcerated during the COVID-19 pandemic, he is at reduced risk because he already contracted the virus once.”)

U.S. v. Moore, No. 15-cr-55, ECF No. 46 at 5-6 (C.D. Cal. July 16, 2020) (releasing “recovered” inmate and noting uncertainty regarding reinfection)

U.S. v. Carter, No. 16-cr-156, at *1 (D.D.C. June 10, 2020) (granting sentence reduction for 76-year old sex offender having served 48-months of 80-month sentence and who had tested positive, was asymptomatic, “no other documented health issues,” and noting inmate was at “heightened risk of developing serious complications should he be exposed again,” and if released, inmate “will be able to more effectively avoid contracting COVID-19”)

U.S. v. Lipp, No. 17-cr-40057 (D. Kan. July 2, 2020) (inmate already “contracted COVID-19 . . . which caused him to be hospitalized,” and “[a]lthough he has recovered, health concerns remain”)


United States v. Mathews, 2:15-cr-00118, 2021 WL 3883735 (E.D. Cal. Aug. 30, 2021)

  • FCI Sandstone
  • Cited “increased personal risk of severe disease associated with coronavirus variants because of his race, sex and substance use disorders, as well as his BMI.  “Courts have not taken a defendant’s race, gender, and substance use disorders into account as commonly [as medical vulnerabilities particular to the defendant].  Here, however, it is appropriate to consider those factors given Dr. Abdelghany’s expert opinion.”  She noted the prevalence of the alpha variant in Minnesota, where Mr. Mathews is incarcerated, and its ability to infect vaccinated patients.

United States v. Wiman, No. 315CR00017RLYCMM, 2021 WL 4307013 (S.D. Ind. Sept. 22, 2021)

  •  Granted despite holding in US v. Broadfield, which held that district courts can find there are no extraordinary and compelling reasons based on COVID-19 if there is vaccine
  • Cited progression of Parkinson’s Disease and Dementia, Court found that Mr. Wiman “suffers from debilitating medical conditions that have reduced his ability to function in the correctional setting and have made his 6 years in prison more grueling than they would otherwise have been.”

United States v. Rucker, No. 04-20150-JWL, 2021 WL 4061615 (D. Kan. Sept. 7, 2021)

  • Release date in 2041, grant to time served
  • Cardiac condition with poor statistics for survival, 924(c) stacked counts, recent cooperation, COVID-19 risk
  • Already vaccinated

United States v. Darby, 2021 WL 2463841, at *2 (N.D. Ohio June 17, 2021)

  • “The Court acknowledges that Mr. Darby is vaccinated so he is at a reduced risk of contracting a serious form of COVID-19 but being vaccinated does not automatically preclude a defendant from demonstrating “extraordinary and compelling reasons” justifying a sentence modification”
  • “The Court finds that Mr. Darby’s health conditions, combined with his advanced age, are enough to demonstrate extraordinary and compelling reasons for a sentence reduction”
  • FCI Gilmer, 170 months as career offender consecutive to state sentence, release date September 2030
  • Had hypertension, cholesterol, asthma, pre-diabetes, obesity, kidney cancer
  • “While it is true Mr. Darby has a lengthy criminal record, this argument is undercut by the disparity between Mr. Darby’s current sentence, based on his classification as a “career offender,” and what his sentence would be today under the Sixth Circuit’s clarification of sentencing guidelines. It is well established that courts can consider non-retroactive changes in sentencing law when balancing the Section 3553(a) factors after finding that other factors establish eligibility.

United States v. Darby, 2021 WL 2463841, at *2 (N.D. Ohio June 17, 2021)

  • “The Court acknowledges that Mr. Darby is vaccinated so he is at a reduced risk of contracting a serious form of COVID-19 but being vaccinated does not automatically preclude a defendant from demonstrating “extraordinary and compelling reasons” justifying a sentence modification.”

United States v. Reyes, 2021 U.S. Dist. LEXIS 99864, (D. Conn. May 26, 2021)

  • granting compassionate release of defendant who received both doses of the vaccine; “newly available data describe ‘breakthrough infections’ caused by COVID variants in vaccinated populations”

United States v. Spriggs1:10-cr-00364-WDQ (D. Md. May 10, 2021)

  • granting CR to individual who received one dose of COVID-19 vaccine because his “vaccination status does not greatly decrease the court’s concern that his medical conditions increase his risk of severe illness due to COVID-19”

 United States v. Sweet, 07-20369, 2021 WL 1430836 (E.D. Mich. Apr. 15, 2021)

  • Granting despite receiving vaccine and recovering from COVID-19, noting breakthrough infections in Michigan and risk from COVID-19 reinfection 

United States v. Bozon Pappa, 95-00084-CR, 2021 WL 1439714 (S.D. Fla. Apr. 1, 2021)

  • Granting CR even though she “has received a COVID-19 vaccine, [Ms. Bozon Pappa] submitted evidence that the vaccine may not be completely effective in persons with obesity”

United States v. Parish, 2:07-CR-578-RMG (D.S.C. Mar. 17, 2021)

  • granting compassionate release based on COVID-19 risk factors, notwithstanding receipt of first vaccine dose

United States v. Manglona, 3:14-CR-05393-RJB (W.D. Wash. Mar. 3)

  • Granting reduction in sentence after vaccination

United States v. Moynihan, 1:10-CR-10288-MLW (D. Mass. April 20, 2021)

  • Granting compassionate release to vaccinated defendant with leukemia

United States v. McLean, 1:97-cr-00163-LMB (E.D. Va. Mar. 11 2021)

  • Granting CR to defendant with heart disease who recovered from COVID-19 and received one dose of vaccin

United States v. Hernandez SandovalCR14-5105 (W.D. Wa. Feb. 22, 2021)

  • Granting CR to defendant with kidney disease, transplant, and diabetes who received one dose of vaccine and recovered from COVID-19

United States v. Murakami, No. 1:17-CR-10346-DPW (D. Mass. Feb. 25, 2021)

  • Granting CR to hypertensive defendant who had received one dose of the vaccine, and would receive second dose prior to release

United States v. Bradshaw, No. 1:96-CR-10032-DPW (D. Mass. Mar. 4, 2020)

  • Granting CR to defendant who had received both Moderna vaccine doses

United States v. Ricks, 1:17-cr-00134-JMS-TAB (S.D. Ind. Apr. 22, 2021)

  • Granting CR to defendant with chronic kidney disease, hypertension, and anemia, received one dose and health declined after recovering from COVID-19

United States v. White, 2021 WL 268719, at *4 (M.D. Tenn. Jan. 27, 2021)

  • Granting CR despite vaccinations underway and noting that “just this month variants to the SARS-CoV-2 strain were identified that may (or may not) allow the virus to spread more quickly, lead to “more severe or less severe illness,” and “evade vaccine-induced immunity.”

United States v. Hatcher, 2021 WL 1535310, at *3 (S.D.N.Y. Apr. 19, 2021)

  • Granting compassionate release to fully vaccinated woman, based on the extreme conditions of confinement during the pandemic


United States v. Chestnut, 6:09-cr-06071-DGL-MWP, Dkt. 923, 925 (W.D.N.Y, April 29, 2020)

  • waiving exhaustion requirement and granting release to inmate with no medical conditions

United States v. Sturdivant, 2020 WL 6875047, at *1 (D. Conn. Nov. 23, 2020)

  • Allenwood Medium
  • “No particular health condition that puts him at higher risk of serious illness”
  • Not just for sick people – numerous courts have held that, during the COVID-19 pandemic, the impending end of an inmate’s sentence helps constitute an “extraordinary and compelling” reason to grant an inmate’s motion for compassionate release.
    • Collecting cases
  • Sturdivant is 35 years old and generally healthy
  • Release in less than 7 months

United States v. Wooten, 2020 WL 6119321, at *1 (D. Conn. Oct. 16, 2020)

  • FCI McKean
  • Argues based on COVID and incapacitation of sister and aging mother’s inability to care for her
  • In addition, some courts have held that a defendant’s role as the only available caregiver for an incapacitated close family member can contribute to “extraordinary and compelling reasons” warranting that defendant’s release. Many courts—relying on a narrow construction of U.S.S.G. § 1B1.13 cmt. n.1(C)(ii)2—have held that “extraordinary and compelling reasons” exist only when a defendant is the only available caregiver for an incapacitated “spouse or registered partner.” See, e.g., United States v. Hunter, 2020 WL 127711, at *3 (S.D. Ohio Jan. 10, 2020). However, some courts have held not held so narrowly and have found that “extraordinary and compelling reasons” may exist when a defendant is the only available caregiver of incapacitated close family members other than spouses and registered partners—particularly, parents.
    • Sister has cerebral palsy and is in wheelchair, mom is 69 years old
  • Renewed motion
  • Although Wooten does not claim that he suffers from any particular medical issue that makes him more susceptible to serious illness should he contract COVID-19, Wooten still relies in part on the general (and extraordinary) threat that COVID-19 poses in prisons
  • Notes it wanted to go below mandatory minimum at sentencing

United States v. Cruz, 2020 WL 3265390, at *1 (D. Or. June 17, 2020)

  • FCI Lompoc, 5 months left on sentence
  • Tested positive for COVID-19 then released from isolation after 11 days without symptoms
  • To date, the BOP has not set a date for Cruz’s release to community corrections, despite his eligibility and my letter recommending he receive the maximum time in community corrections
  • Apparently, the conditions at FCI Lompoc have rendered it unable to perform basic and statutorily mandated administrative functions
  • Combination of medical risk, etc plus recommendation for most time in community confinement

United States v. Calabrese, 2020 WL 3316139, at *2 (D. Mass. June 18, 2020)

  • 55 years old and, other than his age, has not pointed to any specific medical conditions that place him at a higher risk.
  • While the situation at FMC Lexington has improved over the last month, I cannot say that based on the current number of positive cases and the deaths which have occurred that continued incarceration does not place an individual like Mr. Calabrese at risk of exposure to the virus.
  • FMC Lexington

United States v. Rich, 2020 WL 2949365, at *2 (D.N.H. June 3, 2020)

  • Had “history of chronic bronchitis and other respiratory illnesses puts him at substantial risk of experiencing severe illness should he contract COVID-19. He further contends that he has an increased risk of becoming infected with the virus because inmates and staff members at FMC Devens have tested positive”
  • History as cigarette smoker, smoking, makes him immunocompromised
  • “The court acknowledges that defendant’s more recent medical records from his current incarceration do not reflect any ongoing respiratory issues”
  • “The government argues that the court should not find defendant particularly vulnerable to COVID-19 because he does not have a documented diagnosis for “chronic bronchitis.” Given the novelty of the coronavirus and the medical community’s evolving knowledge about who is high risk, the court is not inclined to read defendant’s medical records as narrowly as the government urges. Although defendant’s doctor did not use the phrase “chronic bronchitis” to describe defendant’s condition, the doctor described defendant as “prone to bronchitis” with “a history of reactive airway disease.” That is close enough to “chronic bronchitis” for the court. Moreover, defendant not only has a history of bronchitis, he also has a history as a heavy smoker. These two issues place him in a high-risk category.”

United States v. McClellan, 2020 WL 2933588 (N.D. Ohio June 3, 2020)

  • Release date May 2022, 12 months of home confinement, FMC Rochester
  • 58 years old, hypertension and high blood pressure
  • A growing list of federal courts have concluded that the public health crisis presented by the Covid-19 pandemic in conjunction with a defendant’s pre-existing health condition establishes an extraordinary and compelling reason for compassionate release.
  • “Defendant does not offer evidence that he has a medical condition of the type and gravity insufficiently addressed by the BOP. However, the Court finds that the perils presented by the Covid-19 pandemic are one factor among several which warrant the sentence reduction.”

United States v. Grimm, 2020 WL 2789886, at *5 (D. Nev. May 29, 2020)

  • Under these circumstances, the court is inclined to release defendant. However, this conclusion is predicated on an uncertain premise: whether defendant does, in fact, have lupus. In her initial motion, defendant suggested she may have lupus only in passing.
  • It was only in her reply brief that defendant expanded on this putative diagnosis. (See ECF No. 785). And defendant has neither been formally diagnosed with lupus nor did she present evidence of lupus beyond what is consistent with her other conditions.
  • However, the court is unable to rule on the instant motion until defendant has a definitive diagnosis. Thus, the court will hold defendant’s motion in abeyance and to give the BOP an opportunity to have defendant brought before a medical professional for the purpose of definitively determining whether she has lupus. If she has lupus, the BOP should determine whether it can provide defendant with chloroquine or hydroxychloroquine while incarcerated.
  • Released, United States v. Grimm, 2020 WL 3643435, at *1 (D. Nev. July 6, 2020

United States v. Kelly, 2020 WL 2104241 (S.D. Miss., May 1, 2020)

  • waiving exhaustion and granting release to Oakdale I inmate
  • “Despite his youth and lack of health issues”

United States v. Mel, 2020 WL 2041674, at *2 (D. Md. Apr. 28, 2020)

  • Although the presence of the historic COVID-19 pandemic in prisons arguably could alone establish extraordinary and compelling reasons, Mel has been incarcerated at FCI-Danbury, one of the hardest hit federal prisons.
  • Thyroid mass, not yet malignant but unknown, “the Court cannot conclude with certainty that Mel has a high-risk health condition, particularly where she has not undergone any cancer treatment. See Groups at Higher Risk for Severe Illness, Ctrs. for Disease Control and Prevention, https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/groups-at-higher-risk.html, last visited Apr. 26, 2020 (identifying cancer treatment, not cancer itself, as a high-risk condition).
  • Nevertheless, the Court finds that the historic COVID-19 pandemic, the fact that Mel has been incarcerated in one of the federal prisons most profoundly impacted by COVID-19, and the fact that as a result of the outbreak, she has effectively been prevented from receiving necessary medical care for a potentially life-threatening condition.”
  • “The fact that Mel has been incarcerated at FCI-Danbury during a serious outbreak of COVID-19 inside the facility sufficiently increased the severity of the sentence beyond what was originally anticipated that the purposes of sentencing are fully met even with the two-week reduction.”
  • Scheduled release May 22, 2020, must be quarantined for 2 weeks

United States v. Le, 1:19-cr-10199, Dkt. 99 (D. Mass. May 6, 2020)

  • Releasing pretrial defendant in drug trafficking case in light of COVID-19 even though he lacks “physical conditions that put him at high risk” from COVID-19 because “[t]he reduction in the prison population in and of itself” is important to combatting the virus

Matter of Extradition of Kubicki, 20-MJ-00034-STV, Dkt.19 (D. Co. May 5, 2020)

  • Granting release in pending extradition matter where relator had argued, in part, that the COVID-19 pandemic was a “special circumstance” warranting release but had not argued an individual susceptibility to COVID-19 complications

United States v. Mason, 10-cr-625, (DE 61) (D. Md. May 5, 2020)

  • Releasing supervisee with “extensive and serious criminal history” from custody because COVID-19 is “so contagious” making it “imperative that D.C. Jail and CTF take all reasonable steps to prevent its spread within the jails” and recognizing the importance of reducing jail populations during the COVID-19 pandemic);

United States v. Cordova, 4:19-cr-40025-TSH, (DE 133) (D. Mass. May 1, 2020)

  • Granting pretrial release to a 36 year old defendant, (see DE 120: 2), who was alleged to be a career offender facing a ten year mandatory minimum sentence


United States v. Dana, 2020 WL 3056791, at *2 (D. Or. June 9, 2020)

  • 59 years old, two pulmonary embolisms, cancer, compromised immune system and history of tobacco and methamphetamine use and that causes shortness of breath
  • FCI Sheridan, no cases
    • “The BOP’s information, however, is only of limited value” due to lack of testing
  • Release date is December 2020, has served 80% of 48-month sentence
  • Has been approved for transfer to halfway house in July 2020
  • Meets 1B1.13 – “When a defendant has a chronic medical condition that may substantially elevate the defendant’s risk of becoming seriously ill or dying from COVID-19, that condition may satisfy the standard of extraordinary and compelling reasons.”
    • Alternatively says court has discretion beyond 1B1.13

United States v. Flores, 2020 WL 3041640, at *1 (W.D.N.Y. June 8, 2020)

  • Danbury FCI, served approximately 20 months of the 37-month sentence
  • 44 years old, cancer survivor, thyroid cancer
  • Obese, high blood pressure, prediabetic
  • Criticizes conditions at Danbury

United States v. Krashna, 2020 WL 3053194, at *1 (N.D. Cal. June 8, 2020)

  • Release date is September 5, 2020
  • 51 years old, heart attacks and strokes, coronary artery disease
  • Chest pain and shortness of breath while in custody
  • Government only opposes based on exhaustion
  • Court stays release until 30 days are up

United States v. Fettis, 2020 WL 3027198, at *1 (C.D. Ill. June 5, 2020)

  • 68 months, release date May 2022, firearms and marijuana
  • FCI Talladega
  • No disciplinary violations, good behavior
  • Had firearms but no violence or force in his crime
  • 65 years old, high blood pressure, sleep apnea, COPD, lung infections, cites statistics

United States v. Asher, 2020 WL 3424951, at *1 (N.D. Ga. June 15, 2020)

  • Asher is a 54-year-old man who suffers from a myriad of serious health conditions that make him more susceptive to becoming infected with COVID-19, including Parkinson’s Disease with dysphagia (swallowing problems), chronic heart disease, hypertension, and arrhythmia, and his medical records suggest that he could have Ankylosing Spondylitis, an autoimmune disease
  • FCI Jesup, child pornography
  • Discusses conditions of detention and communicable diseases, inability at FCI Jesup to socially distance
    • “physical layout of the low security satellite camp where he is housed makes it impossible to socially distance. Mot. for Compassionate Release at 34. Asher cohabits a dormitory-style room rather than an individual or two-person cell. Id. Sixty inmates in the unit share four sinks, showers, and toilets. Id. The unit has one entrance and one common room.”
    • DOJ guidance – United States v. Firebaugh, No. 16-20341-CR-UU (S.D. Fla. June 1, 2020) [Doc. 183-2] (“On May 18, 2020, the Department of Justice issued internal guidance which directs that the Government concede that Defendants who have certain CDC risk factors, including … [i]mmunocompromised … [s]erious heart conditions, including … pulmonary hypertension … can establish that ‘extraordinary and compelling reasons’ warrant the reduction in sentence

United States v. Feucht, 2020 WL 2781600 (S.D. Fla. May 28, 2020)

  • FCI Jesup, diabetes, hypothyroidism, hypertension, hyperlipidemia, obesity, edema
  • 151-month sentence for child porn, served 112, November 2021
  • I find that the 30-day period should be measured from the date on which a prisoner submits his or her request to the BOP, not the date the request is received by the Warden. In making this determination, I am guided by the “prisoner mailbox rule,” which provides that a pro se prisoner’s legal submission is considered filed on the date it is delivered to prison authorities for mailing,” rather than the date it is received by the Court.”
  • Waives exhaustion, based on undue prejudice
  • Even if there were no confirmed cases, still unsafe

United States v. Scott, 2020 WL 2467425, at *3 (D. Md. May 13, 2020)

  • “Multiple district courts have reasoned that “the First Step Act’s change in how sentences should be calculated when multiple § 924(c) charges are included in the same indictment constitutes an extraordinary and compelling reason under 18 U.S.C. § 3582(c)(1)(A).” See United States v. Owens, No. 97-CR-2546-CAB, ECF 93 at 4 (S.D. Cal. Mar. 20, 2020) (collecting cases). The court agrees with the reasoning of these courts.”
  • FCI Jesup
  • 1B1.13, not binding, can allow stacked 924(c) charges to serve as extraordinary and compelling reasons

United States v. Connor, 2020 WL 3053368, at *1 (N.D. Iowa June 8, 2020)

  • Rochester FMC and his projected release date is May 14, 2023, 210-month sentence, based on past criminal history
  • Medical condition meets criteria even without COVID-19 -diabetes, diabetic neuropathy, hypertension, chronic kidney, vitamin deficiencies, heart failure, spinal issues, arthritis, ulcers, morbid obesity, multiple instances of respiratory failure, COPD, drug history, sleep apnea
  • Disregards lack of confirmed cases, says it means little without knowing more about testing measures
  • Grants release despite release plan sending defendant to Iowa veterans home that has COVID cases

United States v. Rountree, 2020 WL 2610923 (N.D.N.Y. May 18, 2020)

  • FPC Schuyllkill, prison camp
  • However, whether an individual BOP facility has reported a positive test is not dispositive, for several reasons. First, BOP’s self-reported numbers “must be treated with great caution, as the BOP has so far only tested for COVID-19 those prisoners who seem to be sufficiently unhealthy as to be in need of possible hospitalization…Second, even if BOP were testing for COVID-19 consistently enough that its statistics could be relied upon, prison still poses a significant threat to individuals with health conditions like Rountree’s because they serve as incubators that accelerate the spread of the disease
  • “While the Court commends BOP’s efforts to stem the course of the virus, see Opp’n at 2–5, the ease of transmission within the prison environment, coupled with a dearth of testing, results predictably in deadly outbreaks of the disease.”
  • Cites examples of mass testing
  • Cites layout of prison camp, share water fountain and phones, share computers
  • Emphasizes no violence in. drug offense
  • Exemplary record during incarceration, rehabilitation, release warranted despite “somewhat lengthy criminal history” but occurred over 15 years ago
  • Has 5 years (55 months) left on his sentence, 188-month sentence
    • Has served 85 months, release date January 2025
  • Waives exhaustion

United States v. Burrill, 2020 WL 1846788, at *4 (N.D. Cal., April 10, 2020)

  • Warden accepted request then denied that it was proper request, lawyer supplemented in a letter; warden failed to take action
  • Was at Duluth, no confirmed cases

United States v. Asaro, 2020 WL 1899221, at *3 (E.D.N.Y. Apr. 17, 2020)

  • “Still, absent more information about how much testing the BOP is conducting, it is possible that undetected cases are present in the facility

United States v. Hansen, 2020 WL 2219068, at *2 (N.D. Ill. May 7, 2020)

  • No confirmed cases at Terre Haute, but “the Court has no solid information about how much testing has been done, and it is only fair to say that the fact that there are no confirmed cases does not mean that no one in the prison has contracted coronavirus. And if and when that happens, it is likely to spread more quickly than in the general population due to, among other things, the difficulty of accomplishing social distancing in a prison environment and the constant influx of people coming and going from outside the prison, including correctional staff.

United States v. Early, 2020 WL 2112371, at *3 (N.D. Ill. May 4, 2020)

  • Diabetes and hypertension, Terre Haute
  • Inmate’s history was “one of the worst histories of recidivism that this Court has seen in eighteen years as a lawyer and just over twenty as a judge.”
  • Served most of his time, crediting time he could serve in RRC and home confinement
  • Order is “cutting his overall sentence by a little over nine months, meaning that he would serve 133 months in custody as compared with 142. And it would be cutting his prison sentence by only seven weeks.”
    • Eliminating last 7 weeks
    • Release appropriate “so long as it is combined with a change to his supervised release conditions.”

United States v. Doshi2020 WL 2556794 (E.D. Mich. May 20, 2020)

  • 84-month sentence in November 2018, had recommended that inmate be placed in HC, release date was November 2023
  • Waives exhaustion finding it futile and prejudicial “and defeat the goals of 3582”
  • 64 years old, hypertension, diabetes, asthma, Lipitor for hyperlipidemia, coronary artery syndrome, hypertrophy, uses inhaler a lot
  • Morgantown, “This fact is meaningless…for there is no evidence of how many inmates have been tested”

Howard v. United States, 2020 WL 2615509 (E.D. Mich. May 22, 2020)

  • 60-month sentence for heroin and money laundering, at Morgantown
  • Diabetes, hypertension, and asthma
  • Hypertension, “The CDC states that people with hypertension are vulnerable because, a respiratory illness from COVID-19 could make it harder for a person’s heart to work, which can lead to a worsening of COVID-19 symptoms
    • Government argues only “pulmonary hypertension” and not primary hypertension counts, and diabetes and asthma are well managed”
    • “The Government’s arguments about medical minutiae, while noted by the Court, are dismissed as unpersuasive. Even if, assuming arguendo, Howard’s conditions do not independently and perfectly fit the definition of severity, as outlined by the CDC, his conditions still exacerbate each other, placing him in a much more vulnerable position than a healthy person, if he were to get COVID-19”

United States v. Acoff, 2020 WL 2781798 (D. Conn. May 29, 2020)

  • 96 months, USP Lewisburg
  • Close call, obesity, pulmonic stenosis
  • 31 years old, substantial criminal record, Release date July 2022

United States v. Pabon, 2020 WL 2112265, at *4-5 (E.D. Pa. May 4, 2020)

  • 54 years old, Diabetes, hypertension, reflux, ulcer, etc, first time offender
  • 46-month sentence beginning on April 19, 2019 (14 months), projected release is June 2022
  • “Although the government represents that Lewisburg Camp has no cases of COVID-19, the government never says whether anyone has been tested. Only 2,700 of approximately 150,000 federal inmates in this country have been tested, and of those tested 70% have COVID-19. Correctional facilities that have made the decision to undertake mass testing have discovered dramatically higher numbers of infected inmates than previously imagined.
  • Because the BOP has tested so few inmates, however, these statistics almost certainly underestimate the true number of infections and the number of affected BOP facilities.”
  • Without mass testing—and any detailed information about the current conditions at the Lewisburg Camp—the Court may be getting a false picture. If the Court waits to act until the BOP confirms its first case of COVID-19 at Lewisburg, it may be too late for vulnerable inmates like Mr. Pabon. The Court is not willing to take that risk.

United States v. Amarrah, 2020 WL 2220008 (E.D. Mich. May 7, 2020)

  • Defendant, 45 y/o, diabetic, hypertensive, asthmatic, served 21 months of 60 month sentence at FCI Loretto. Got three misconduct tickets. No cases at Loretto.
  • Revoked pretrial bond due to obstruction of justice
  • May 2020, Defendant has served 21 months of 60-month term
  • “…unless and until FCI Loretto implements a universal testing regimen, the Court gives no weight to the zero “confirmed” COVID-19 cases statistic—particularly because BOP is housing detainees together, because the United States could not give the Court any information regarding current testing practices, and because basic disinfecting tools such as soap and hand sanitizer are not universally provided to the population. To the contrary, the Court finds that the lack of testing aggravates its concerns about Defendant’s likelihood to contract COVID-19 while in federal custody. Accordingly, the Court finds that extraordinary and compelling circumstances warrant a reduction of Defendant’s sentence. The current conditions of Defendant’s confinement at FCI Loretto, which Defendant has no power to alter, expose him to a substantial risk of contracting COVID-19.” (*6)

United States v. Atkinson, 2020 WL 1904585, *2-4 (D. Nev. Apr. 17, 2020)

  • Discussing BOP’s “list” and confusion around it
  • Crediting inmate account of cleaning supplies and conditions over BOP
  • No confirmed cases at FCP Atwater
  • Other courts throughout the country have noted the “obvious shortcomings” in the BOP’s COVID-19 Action Plan: “First, testing inside prisons has been scant except for people who self-report symptoms—which means that statistics about the number of infections already in BOP facilities are largely meaningless. And second, the plan provides no additional protections for high-risk individuals
  • Government “summarily contends” that inmate hasn’t met burden

United States v. Ben-Yhwh, 2020 WL 1874125 (D. Hawaii Apr. 13, 2020)

  • Defendant, 73, psychiatric conditions, asthma, diabetes
  • Court disagreed with mandatory minimum
  • Waived exhaustion
  • At an FMC with no confirmed cases, does not defer to BOP representations that it is taking “substantial proactive national measures to mitigate and contain the spread of COVID-19 within its facilities”

United States v. Moore, 2020 WL 2572529 (D Ore. May 21, 2020)

  • 57-month sentence, release date June 2020
  • Asthma requiring inhaler, respiratory issues after being shot
  • “While there have been no identified cases of COVID-19 at FCI Sheridan as of the date of this opinion, infection can spread with deadly speed. Some BOP facilities have seen out breaks grow into hundreds of confirmed cases in a matter of weeks.”
  • Cites “performance while in prison,” despite “leafy substance” found on a bed in his quarters
  • “Takes seriously the government’s concerns,” as a result includes home confinement condition

United States v. Brown, 2020 WL 2091802, at *6–7 (S.D. Iowa Apr. 29, 2020)

  • Drastic mandatory minimum under 924(c)
  • Despite no confirmed cases
  • “The most natural reading of the amended § 3582(c) and § 994(t) is that the district court assumes the same discretion as the BOP director when it considers a compassionate release motion”
  • FCI Williamsburg, no confirmed cases
    • “But these numbers almost certainly do not provide the whole picture. Testing appears to remain limited…Nor is it clear what the future holds as states, including South Carolina, FCI Williamsburg’s host, relax restrictions on gathering for free residents, including BOP employees.
    • Recognizing BOP’s “emergency measures”
  • Hypertension and “listed a history of asthma, although recent medical records do not mention it”
    • Rejects government argument that “Defendant’s evidence is insufficient and that he never really had asthma”
  • 210-month sentence, but judge recognized it was too long, mandatory minimum
  • Defendant’s counsel consulted Doctor Mark J. Davis, who works for the California Department of Corrections and has experience fighting epidemics abroad. ECF No. 234 at 1. Davis found the foregoing medical problems as well as Defendant’s history of chronic migraines and methamphetamine abuse concerning in light of COVID-19. Id. at 4…These are all respiratory concerns that can have devastating and life-threatening consequences for a person infected with [COVID-19]. The risks of death are even higher for someone housed in a closed population such as prison and especially high for Mr. Brown given his medical history and presentation. Not every inmate is at serious risk. Mr. Brown is an exception. He has unique medical concerns that present a heightened risk for infections and serious medical complications if he contracts the COVID-19 disease.
  • Finds exhaustion met despite request being filed in 2019, 1B1.13 not binding, discusses Congress’s intent in expanding
  • Cites compassionate release grants granting in part due to massive sentencing disparities caused by changes to 924(c)

United States v. Joseph, 2020 WL 2315806 (N.D. Cal. May 8, 2020)

  • Over 60 years old “and suffers from lung scarring resulting from coccidioidomycosis, also known as Valley Fever”
  • False statement for passport, sentenced to 12 months starting January 2020; at Atwater
  • Sent email to warden who told him to see the unit team, so he filled out BP form; court continued to let the BOP process play out
    • BOP denied furlough but selected for home confinement

Poulios v. United States, 2020 WL 1922775 (E.D. Va. Apr. 21, 2020)

  • Length criminal history of armed robbery and credit card fraud
  • Waives exhaustion, “The COVID-19 pandemic, which could result in catastrophic health consequences for petitioners vulnerable to infection, implicates all three exceptions justifying the waiver of the exhaustion.”
  • Finds 1B1.13 not binding
  • “Petitioner suffers from serious health conditions that would render him virtually defenseless if he were to become infected with COVID-19.”
  • Inmate at FCI Beckley

United States v. Rahim, 2020 WL 2604857 (E.D. Mich. May 21, 2020)

  • 72-month sentence, FCI Morgantown, release date March 8, 2024 and began serving sentence January 28, 2019
  • 67 years old, COPD, diabetes, hypertension, coronary artery disease, hypertrophy, congestive heart failure
  • “Government contends that notwithstanding his underlying conditions, Defendant is at no greater risk of contracting COVID-19 than any other inmate.” – response: “But it is the heightened risk of severe illness…”
  • Stats on elderly people and COVID-19
  • Recognizes that FCI Morgantown has no cases, “But the Court is not persuaded that a lack of confirmed cases alone is a compelling reason not to grant relief if a defendant otherwise qualifies”
  • Releasing defendant “under these unusual circumstances—his poor health and the COVID-19 pandemic—will not undermine the goal of general deterrence”

Wise v. United States 2020 WL 2614816, at *2 (D. Md. May 22, 2020)

  • Releasing “despite Wise’s long history of criminal convictions in Maryland courts, he had never served a lengthy period of incarceration”
    • “Consistent with Wise’s lifelong struggle with drug addiction”
  • Diabetes, heart disease, hypertension, chronic kidney, asthma, gout, arthritis, all medicated
  • Allenwood Low
  • Release date June 2024, 72-month sentence
  • Noting “for many years the safety valve of § 3582 languished” until First Step Act, similarly finds not bound by 1B1.13, says binding is “minority view”
  • The virus is highly contagious; it spreads “easily and sustainably” from person-to-person. See Coronavirus Disease 2019 (COVID-19), How COVID-19 Spreads, CTR. FOR DISEASE CONTROL & PREVENTION (Apr. 2, 2020), https://bit.ly/2XoiDDh. Asymptomatic carriers can spread COVID-19, and scientists estimate that the average infected person transmits the disease to between two and four others. See Jenny Gross & Mariel Padilla, From Flattening the Curve to Pandemic: A Coronavirus Glossary, N.Y. TIMES (Mar. 18, 2020), https://nyti.ms/3aW4yAI.
  • Discusses inability to employ effective social distancing measure sin prison

United States v. Pomante, 2020 WL 25130-5 (E.D. Mich., May 15, 2020)

  • 12-month sentence, wire fraud
  • Sentenced for “gain” but loss amount was $107 million
  • 69 years old, Morgantown facility, chronic kidney, kidney cancer, hypertension, obesity, diabetes
  • Notes staff can get virus from people in community and bring it in

United States v. Readus, 2020 WL 2572280 (E.D. Mich. May 21, 2020)

  • 60-month sentence for fentanyl and felon with firearm, 60 months, projected release date is March 2, 2022
  • FCI McKean, court had recommended HC, BOP said no
  • COVID-19 fits under 1B1.13
  • Obesity, 33 years old, sleep apnea (severe), “Such respiratory problems can only predict an adverse reaction to COVID-19,” hypertension (emerging medical consensus),” prediabetes, “Courts have found that prediabetes and obesity have been sufficient”
  • No cases but “this fact is meaningless…for there is no evidence on the record that any inmates have been tested”
  • Government “emphasizes the assiduous measures the BOP is taking…including restrictions on visitors, mandatory quarantines, and rapid medical responses. These measures are good, but without testing….”
    • “Past the age of hotheaded youth”
    • “Has done several stints in prison, starting when he was a teenager, the two years and seven months he’s served in BOP custody has been several times longer than his earlier sentences, and the Court believes that he has learned from his time at FCI McKean. His prison infractions are minor and non-violent.”
    • Takes classes, “turning point,” GED, works as orderly
    • “Readus’s crimes are serious, but his five-year sentence was meant to bring him to a place of maturity, not to put his health or life in jeopardy. The specific and general deterrence of similar criminal conduct was accomplished at the date of his original sentence. Neither Readus nor anyone else contemplating crimes such as is would gamble that another pandemic might arise and give him the opportunity to petition for compassionate release.”

United States v. Perdigao, 2020 WL 1672322 (E.D. La., April 2, 2020)

  • Court concerned with inmate’s “access to quality medical care while in the custody of the Bureau of Prisons”
  • 188-month sentence, inmate had completed over 86%
  • Bradycardia, atrial fibrillation, colitis, hypertension
  • Inmate at FCI Pollock

United States v. Schafer, 2020 WL 2519726, at *1 (W.D.N.Y. May 18, 2020)

  • Allenwood FCI, no cases, government does not contest condition but says it is well-controlled
  • D says steps “have proven ineffectual and a lack of testing throughout the BOP makes it impossible to definitively state that there are no individuals in the facility who have the virus; only that there are no positive tests”
  • Cites Manafort, who was in facility with no COVID-19 cases
  • 1B1.13 is “anachronistic,” says catch-all provision is now for the court’s discretion
  • Asthma is the condition, seems to be the sole reason
  • Allenwood is overcrowded, 30% over-capacity
  • Court cites experience at Buffalo Federal Detention Facility that had sudden spike after no reported cases
  • Defendant had awful record on pretrial release, violated and was remanded into custody, but was related to his underlying substance abuse issues
  • 30-month sentence, began serving in late 2018; scheduled to be released on October 2020, halfway house in July 2020

Casey v. United States, 2020 WL 2297184, at *2 (E.D. Va. May 6, 2020)

  • Moreover, the Government’s concession that Petitioner “has met his burden establishing extraordinary and compelling reasons for compassionate release,” implicitly acknowledges the harm that could come to Petitioner if there is an outbreak of COVID-19 at Petersburg Low.

United States v. Agomuoh, 2020 WL 2526113 (E.D. Mich., May 18, 2020)

  • 69 years old, hypertensive heart disease, diabetes, glaucoma
  • Morgantown, 60-month sentence
  • As of May 2020, had served 9 months of 60-month sentence

United States v. Gonzalez, 2020 WL 2766048 (S.D.N.Y. May 28, 2020)

  • 2014, 14-year sentence, consecutive from two cases
  • “career of crime spanning from 1997 to 2011”
  • Hypertension and obesity, 45 years old, has served 8 years in prison, only one incident for non-violent incident

United States v. Chester, 2020 WL 2771077 (W.D.N.Y. May 29, 2020)

  • 44 years old, failure to register as sex offender, child sex abuse was underlying, 21-month sentence, revoked supervised release
  • Heart failure, pulmonary hypertension
  • FMC Devens
  • Anachronistic nature of 1B1.13
  • Discusses BOP failures

Loyd v. United States, 2020 WL 2572275, at *2 (E.D. Mich. May 21, 2020)

  • Here, Loyd has presented “Other Reasons” in combination with his serious medical conditions, to warrant compassionate release. While the COVID-19
  • Was initially told he was eligible for HC and encouraged to apply, then told after new guidelines that he hadn’t served 50% of his sentence, “After his family began to prepare for his release”
  • Obesity, hypertension, immunocompromised from cortisone hip injections
    • Being treated for hypertension
    • Cites osteoarthritis
  • The CDC states that people who have a prolonged use of treatments like these have weakened immune systems and are less able to fight a virus like COVID-19. Groups at Higher Risk for Severe Illness, CENTERS FOR DISEASE CONTROL AND PREVENTION, https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/groups-at-highim-risk.html (last visited May 21, 2020), *3
  • Rejects government’s argument that “these conditions are not severe enough”
  • Rejects no confirmed cases, Loretto, “The Court refuses to join FCI Loretto in its ignorance of a deadly virus hidden in plain sight”
  • Even if, assuming arguendo, Loyd’s conditions do not independently and perfectly fit the definition of severity, as outlined by the CDC, all of his conditions compounded still place Loyd in a much more vulnerable position than a healthy person, if he were to get COVID-19.
  • “While inmates are being subjected to mandatory quarantine, they are still not provided basic protections from the virus in the facilities. Inmates must purchase their own soap. Hand sanitizer is contraband. In low security facilities, inmates are being quarantined with their own unit, as opposed to individual cells, preventing them from complying with social distancing recommendations”


United States v. Rodriguez, 2020 WL 4592833, at *1 (S.D. Cal. Aug. 5, 2020)

  • FCI Victorville Medium II
  • 86-month sentence, serving since 2017 (32 months)
  • No danger, no crimes of violence, “32 months in custody… is far more time than she has ever served before and will likely act as a deterrent”
  • Conditions of prison
    • The mental health consequences of continued incarceration in the midst of a global pandemic place further stress on the body and immune system
    • Ventilation system
  • Mental health–
    • “Major depressive disorder, or clinical depression, causes stress, which impairs the immune system against viral infections, such as COVID-19.”
    • While Defendant’s major depressive disorder is not sufficient to justify § 3582(c) relief on its own, courts have found mental health conditions to contribute to extraordinary and compelling reasons warranting compassionate release. See, e.g., United States v. Lavy, 2020 WL 3218110, at *5 (D. Kan. June 15, 2020) (finding associations between major depressive disorder and “atypical immune responses”); United States v. Johnson, ––– F. Supp. 3d ––––, ––––, 2020 WL 3041923, at *10 (D.D.C. May 16, 2020) (finding extraordinary and compelling the movant’s PTSD combined with his physical illness).
  • Obesity, asthma, major depressive disorder

United States v. Gudino, 2020 WL 7319432, at *1 (N.D. Cal. Dec. 11, 2020)

  • 140 months, has served 78 months
  • 44 years old, obesity, shortness of breath, tuberculosis, anxiety
  • The government further concedes that Defendant’s medical records corroborate that Defendant has a history of tuberculosis. Resp. at 2. The government states that “[a]ccording to the CDC, patients with chronic respiratory diseases, including TB, are at increased risk for severe illness or dying from COVID-19.”
  • The government also concedes that medical records from Reeves corroborate Defendant’s claims about his mental health issues. The government agrees that “[p]ersons suffering from mental health and anxiety have been identified by the World Health Organization as standing a higher risk of severe infection and even death from COVID-19.” Id.
  • Unopposed, will be deported

United States v. Pina, 2020 WL 3545514, at *1 (S.D.N.Y. June 29, 2020)

  • “principal argument is that his somewhat precarious mental health is deteriorating because of lockdown procedures adopted to prevent the spread of COVID-19”
  • PTSD, depression, suicidal thoughts
    • Previously able to control through exercising and staying busy
    • Now in lockdown, in cell for 22 hours every day, worsening symptoms
    • Not 100% that he has PTSD
  • FCI Allenwood
  • “It is likewise not surprising that Pina’s efforts to cope with his PTSD have been seriously undermined by the conditions imposed on prisoners because of the pandemic. The very steps being taken to prevent Pina from contracting the virus have aggravated his mental condition.”
    • Pina’s efforts to practice self-care in terms of his PTSD while in prison have relied upon activities — e.g., exercise — that have been substantially curtailed to prevent the spread of COVID-19. More generally, his confinement to his cell for 22 hours a day cannot help but exacerbate his depression and anxiety.
  • Had served 20 months of 39-month sentence, “on road toward rehabilitation,” studying for GED and repairing relationship with family

United States v. Tillman, 2020 WL 3578374, at *2 (N.D. Iowa June 30, 2020)

  • Defendant had histories of chronic pain, peripheral neuropathy, osteoarthritis, cardiac dysthymia, hypertension, allergic rhinitis, alcohol abuse and dependence, mood disorder, and anxiety, substance abuse issues
  • FCI Pekin, acknowledges no cases and this lowers risk
    • “Thus, the virus’s transmission is simply a reality and not a condemnation of the BOP’s efforts. In recognition of that reality, many courts have granted release to defendants with substantial health concerns based on the spread of COVID-19 throughout BOP facilities generally even when the virus is not present in the defendants’ particular facility”
    • “Although the current absence of COVID-19 at defendant’s facility significantly diminishes her immediate risk, the Court cannot ignore the likelihood of the virus’s spread and the severe consequences defendant could face due to her multiple vulnerabilities”

United States v. Lavy, 2020 WL 3218110, at *1 (D. Kan. June 15, 2020)

  • Release date November 17, 2020, 48-month sentence, Forrest City Low FCI
  • Bipolar, depression, hypertension, 58 years old
  • “But the CDC has not yet determined whether hypertension alone renders an individual particularly vulnerable to severe illness stemming from COVID-19. The Court therefore considers Defendant’s age and hypertension in connection with his two mental health diagnoses, bipolar disorder and major depressive disorder.”
  • The Court finds there is scientific support linking bipolar disorder and immune system dysfunction. And there is at least some indication that a substantial subset of individuals with major depressive disorder and bipolar disorder exhibit atypical immune responses
  • Michael Maes & Andre F. Carvalho, The Compensatory Immune-Regulatory Reflex System (CIRS) in Depression and Bipolar Disorder, 55 MOLECULAR NEUROBIOLOGY 8885 (2018)
  • Joshua D. Rosenblat & Roger S. McIntyre, Bipolar Disorder and Immune Dysfunction: Epidemiological Findings, Proposed Pathophysiology and Clinical Implications, NAT’L INST. OF HEALTH (Oct. 30, 2017), https://doi.org/10.3390/brainsci7110144

Doe v. Barr, 2020 WL 1984266 (N.D. Cal. Apr. 27, 2020)

  • Ordering the release of a foreign national, detained in a county jail awaiting for his removal proceedings, in part because he suffers from PTSD and “[g]rowing evidence demonstrates that PTSD, anxiety/stress, and depression can lead to decreased immune response and increased risk of infections” and thus “compound his susceptibility” to COVID-19”
  • One observational study studied the relationship of tuberculosis and COVID-19 in 36 confirmed COVID-19 patients. It found that “individuals with latent or active TB [Tuberculosis] may be more susceptible to SARS-CoV-2infection.” It also found that “COVID-19 disease progression may be more rapid and severe” in those with latent or active tuberculosis.51 It identified “tuberculosis history (both of active TB and latent TB) [as] an important risk factor for SARS-CoV-2 infection.” The study noted that its findings are limited because it is based on a low number of cases.

United States v. Ozols, 2020 WL 2849893 (S.D.N.Y. June 2, 2020)

  • Inmate would get deported
  • Served 75% of 39-month sentence
  • 3553 “The balance weighs differently in the current circumstances. Importantly, due to the COVID-19 pandemic, the history and characteristics of the defendant and the need to provide the defendant with needed medical care, § 3553(a) now weigh heavily in favor of defendant’s release, given the health risk that continued incarceration poses to him.”
    • Was not mastermind of his offense, has shown remorse
  • 42 years old, anxiety, depression, family history of heart and lung disease


Cases where offender has not yet reported to BOP custody:

United States v. Novak, 1:19-cr-00475, Doc. 67 (N.D. Ill. Jan. 5, 2022)

United States v. Hussain, 2020 WL 5910065, at *3 (N.D. Cal. Oct. 6. 2020)

United States v. Maxwell, 2020 WL 4776012, at *4 (S.D. Ohio Oct. 13, 2021)

United States v. Hambrok, 520 F.Supp.3d 827, 830 (E.D. Va. 2021).

United States v. Cook, 2022 WL 118185, at *2 (N.D. Ohio Jan. 12, 2022)
United States v. Butler, 1:14-cr-00445-2, Doc. 188 (N.D. Ill. Apr. 6, 2020)
  • Medical conditions worsened after sentencing
  • Government took no position, defendant sent request to designated facility’s warden and 30 days elapsed

United States v. Konopka, 1:17-cr-00616, ECF 117 (N.D. Ill. Sep. 10, 2020)

    • Granting reduction in sentence where, after 6-month sentence was imposed, defendant received a new and serious diagnosis and in light of global pandemic

United States v. Nazario-Montijo, 3:17-cr-00278-JAG, ECF 273 (D.P.R. Sep. 17, 2020)

  • Sentenced to 24 months in February under binding plea agreement, surrender date was postponed three times before court amended judgment to require no time
  • Client suffers from obesity and mental health conditions that could be exacerbated by BOP infection mitigation measures);

Cases where offender had only served short amount of time:

United States v. Morgan, 2020 WL 6393007, at *1 (N.D. Ill. Nov. 2, 2020)

  • FCI Terre Haute
  • 120 months based on 924(c) charge, reported in January 2020, served 10 months; mandatory minimum on both, selling drugs and firearm, role was as a sitter for stash house
  • Type 2 diabetes, hypertension, sleep apnea, obesity
  • The amount of time served to date by Morgan does not adequately account for the seriousness of his offense; the Court concluded as much when it sentenced him to a prison term totaling 120 months. On the other hand, although Morgan has a criminal history, including prior felony narcotics convictions, it is all in the distant past: his last felony conviction was in 1992, nearly thirty years ago. When the Court sentenced Morgan in this case, it was bound by the mandatory minimum sentences prescribed by law”
    • “Requiring him to be subjected to this severe risk for an extended period— given the length of time the coronavirus pandemic is likely to persist—does not, in the Court’s view, amount to just punishment, nor does it promote respect for the law.”

United States v. Foster, 2020 WL 5876941, at *1 (D. Or. Oct. 2, 2020)

  • 36 months, started June 2019, has served 1 year
  • FCI Dublin
  • 36 years old, asthma, history of smoking and meth, recent upper respiratory infections
    • Used expert Dr. Chubbuck
    • Notes there is testing FCI Dublin has not provided, which is needed
    • Has symptoms of heart failure and FCI Dublin is failing to test her

United States v. Terraciano, 2020 WL 5878284, at *1 (E.D. Cal. Oct. 2, 2020)

  • 40 months for bribery as DMV employee, projected release is December 2022, “has completed about 20 percent of her sentence of incarceration)
  • Filed a few months after beginning sentence
  • Hepatitis C, obese/overweight (in between), hypertension, history of smoking
  • FCI Victorville, “she lives in a large cell with more than 90 other inmates and must also work outside that dormitory… She and her 90-plus cellmates share the same toilets and showers and line up together for food and medications; it is not possible to practice social distancing in these conditions”
  • 3553 – Terraciano has also proposed a release plan that will allow the government to supervise and monitor her that will reduce the risk she again finds herself in the sort of dire financial straits that appear to have motivated her offense and that will reduce the risk of infection to her and to others.
    • Will live with sister and quarantine

United States v. Body, 2020 WL 2745972, at *2 (N.D. Ill. May 27, 2020)

  • “Even though the Court already took Body’s medical condition into account and gave him a significant break on his sentence, matters have changed significantly.”
  • “The Court can say, unequivocally, that the amount of time served to date by Body does not adequately account for the seriousness of his offense. He is essentially a lifelong, unrepentant drug dealer”
  • Terre Haute
  • Diabetes, tracheostomy, cancer, gout, severe arthritis, high cholesterol
  • Sentenced to 42-month sentence, reported in January 2020, released after 4 months

United States v. Swanson, 2020 WL 5549142, at *1 (D. Idaho Sept. 16, 2020)

  • Swanson is 63 years old. Swanson has COPD, thickening of the pleura (lung lining), obstructive sleep apnea, among other medical conditions
  • 50 months in prison on 2019
  • Self-reported in August 2019, FCI Sheridan

United States v. Fowler, 2020 WL 3034714, at *1 (N.D. Cal. June 6, 2020)

  • granting release for defendant who had served 11 months of the 60 month sentence since her chronic asthma constituted an “extraordinary and compelling” reason

United States v. Liggins, 2020 WL 4904070, at *2 (D. Neb. Aug. 20, 2020)

  • Defendant served nearly 81//2 years of a 131-month sentence
  • Hypertension, obesity

United States v. Brannan, 2020 WL 1698392, at *1 (S.D. Tex. Apr. 2, 2020)

  • Release of defendant who had only served 9 months of a 36-month sentence for fraud, based on “extraordinary and compelling circumstances.”

United States v. Young, 2020 WL 2614745, at *2 (W.D. Wash. May 22, 2020)

  • “Confronted with the apparently conflicting evidence, the Court credits Young’s representation, which is based on direct knowledge rather than failure to confirm the existence of a filing from over a month ago,” finds exhaustion met
  • Despite best efforts, 70% tested positive at Lompoc
  • 64 years old, hypertension and chronic kidney disease, African American
  • Long battle with addiction
  • 60-month heroin sentence, had only served 15 months
  • Granted despite “the majority of the factors weigh against compassionate release”

United States v. Vazquez Torres, 2020 WL 4019038, at *1 (S.D. Fla. July 14, 2020)

  • November 2021 projected release, FTC Oklahoma City
  • Diabetes, hypertension, asthmatic symptoms, osteoarthritis
  • Renewed motion
  • Tested positive
  • While there is no doubt that Defendant’s conviction was serious, the Court recognizes that he had no prior criminal convictions, which suggests that Defendant does not pose a high risk of committing further crimes. Moreover, releasing Defendant to strict home confinement allows him to continue to repay his debt to society, imposes an adequate punishment, and promotes respect for the rule of law, while simultaneously allowing him to seek medical care and treatment by providers who are familiar with his medical issues and equipped to treat him
  • Only served 5 months of 24 months
  • “The fact that Defendant has served less than five months of his sentence is not dispositive, given Defendant’s current health issues and the obstacles he faces in receiving adequate and complete treatment while incarcerated”

United States v. Delgado, 2020 WL 2464685, at *2 (D. Conn., April 30, 2020)

  • Citing “majority of district courts” finding that courts can independently define “extraordinary and compelling reasons.”
  • Defendant only 29 months into 120-month sentence
  • Obesity and sleep apnea, extensive discussion of obesity
  • Released into home confinement

United States v. Echevarria, 2020 WL 2113604, at *3 (D. Conn., May 4, 2020)

  • Defendant had asthma, 9 months into 48-month sentence
  • Despite “substantial criminal record”
  • “Strong pretrial adjustment” and “substantial rehabilitative efforts” prior to imposition of the sentence

United States v. Barber, 2020 WL 2404679, at *1 (D Ore. May 12, 2020)

  • Drug offense, 60 months starting in August 2019
  • Served 8.5 months, at Lompoc, projected release date is January 2024
  • Regarding 1B1.13, courts are “not constrained by the BOP’s determination,” notes “a majority of federal district courts”
  • Hypertension, obesity, diabetes
  • Hospital Care Unit at Lompoc not a sufficient measure
  • Government concedes “if an inmate has a chronic medical condition that has been identified by the CDC as elevating the inmate’s risk of becoming seriously ill from COVID-19 that condition may satisfy the standard of ‘extraordinary and compelling reasons’
  • Was sentenced above the Guidelines due to mandatory minimum of 5 years
  • Rejects 14-day request, orders immediate release and cites other courts that have immediately released inmates
  • Has tested positive for COVID-19

United States v. Locke, 2020 WL 3101016, at *1 (W.D. Wash. June 11, 2020)

  • Defendant at FDC Sea-Tac, severe obesity, chronic kidney disease, diabetes, severe obstructive sleep apnea, shortness of breath, and recurrent chest pain
    • Had been in diabetic coma at one point
  • 62-month sentence, has only served 6 months, scheduled release is May 2024

United States v. Cornelio, 2020 WL 6021466, at *1 (D. Haw. Oct. 12, 2020)

  • 32 months into his 135-month sentence
  • Obesity, type 2 diabetes, diabetic polyneuropathy, high cholesterol, breathing problems, high risk of cardiovascular disease
  • FCI Big Spring
  • However, Defendant is correct that the prevalence of COVID-19 at his facility and the risk that it presents to him personally alters the punishment analysis


United States v. Sprouse, 2021 WL 3709936, at *2 (N.D. Ohio Aug. 20, 2021)
  • Defendant Benjamin Sprouse with the assistance of his counsel shall arrange to attend his son’s state court hearing through video conference on September 2, 2021. If Sprouse provides the Court with proof from the state court indicating that he is likely to get primary custody of his son, then such proof will be enough to demonstrate extraordinary and compelling reasons warranting release, provided that he could demonstrate that he has a release plan including a place to live for him and his son, means for income, and support

United States v. Howell, 2020 WL 7260740, at *1 (D. Colo. Dec. 10, 2020)

  • 66 months with consecutive aggravated identity theft, served 28 months, release date is March 2023
  • Stave IV cancer and mother of children cannot help, family circumstances

United States v. Bryant, 2020 WL 6686414, at *1 (E.D. Wash. Nov. 12, 2020)

  • USP Pollock
  • 260 months for felon with firearm, man min was 15 years; has served 16 years
  • Ankylosing spondylitis, inflammatory disease, deformed spine, has to take Humira which is immunosuppressant, immune system weaker
  • Mother is 68 and suffers from dementia “and could use Mr. Bryant’s assistance in the home

United States v. Morrison, 2020 WL 6806765, at *1 (D. Nev. Nov. 19, 2020)

  • FCI Dublin
  • 120 months for bank robberies, served about 7 years
  • Asthma is not enough, but family circumstances are
  • Children, 15 and 16, have medical conditions, current caregiver is 60-year-old mother with bad back

United States v. Collins, 2020 WL 3971391, at *1 (D. Kan. July 14, 2020)

  • Requests “based on the risk of contracting COVID-19 in prison due to her underlying health conditions of being an insulin-dependent diabetic and having Hepatitis C” and husband being sick and incapacitated
    • Court denied first motion in late 2019
  • Projected release February 2021
  • Government does not oppose request
  • Defendant has Type 2 Diabetes and is insulin-dependent. She also has Hepatitis C and hypertension.
  • Defendant also requests compassionate release alleging that her husband is incapacitated. Defendant’s husband is confined to a wheelchair and is no longer receiving home health services due to being high risk from COVID

United States v. Osborne, 2020 WL 3958500, at *1 (W.D. Va. July 13, 2020)

  • Projected release date is June 19, 2021, sentence was 198 after reduction, drug offense
  • FCI Hazelton, 44 years old, mother’s need for caretaker and her own lupus diagnosis
    • Mother is 70 years old, suffers from cardiac disease, COPD, diabetes, on oxygen, needs daily assistance of caretaker
    • Lupus is autoimmune diseases, increases risk of infection
    • Notes rehab through RDAP
  • Under all of the circumstances, considering the caretaker needs for Osborne’s mother, and Osborne’s own health risks in prison, I find that she that she qualifies for reduction in sentence
  • Based on her age and the deterrent effect of her lengthy sentence already served, I do not find that she will be a danger to the community

United States v. Fortson, 2020 WL 3963729, at *1 (S.D. Ind. July 13, 2020)

  • FCI Milan
  • Mother of minor (14 yo) son died of fentanyl overdose in March 2019
  • Cousin caretaker doesn’t have legal status as guardian and limited finances
  • Child services was going to take son
  • The stakes for Mr. Fortson’s success are incredibly high. R.F. has lost his mother, and Mr. Fortson, as the surviving parent, has the moral responsibility and legal duty to provide the best care possible for R.F. Mr. Fortson’s minor son is in need of his parenting because the present caretaker, a maternal cousin, is no longer able to care for R.F. Presently, further incarceration is not needed to deter Mr. Fortson from committing criminal offenses; nor, for the reasons described above, is it necessary to protect the public from future crimes
  • Not based on COVID-19

United States v. Brewington, Jr., 2:12-cr-00009-JPJ, Dkt. 279 (W.D. Va., May 11, 2020)

  • Release date November 2020
  • Incapacity of his mother, who is caretaker to his daughter, and COVID

United States v. Hansen, 2020 WL 2219068, at *2 (N.D. Ill. May 7, 2020)

  • Hansen was and would reasonably be expected to be Mr. Hansen’s primary caregiver
  • Hansen had several conditions too

United States v. Kataev, 2020 WL 1862685 (S.D.N.Y. Apr. 14, 2020)

  • 51-year-old defendant suffering from “chronic sinusitis” and whose wife is disabled such that she cannot care for their 10-year-old child
  • “Defendant’s unique health and family circumstances together, and in light of the COVID-19 public health crisis, constitute ‘extraordinary and compelling reasons’ to modify Defendant’s sentence”
  • Release date February 2021, Otisville, 36-month sentence
  • Government does not object

United States v. Reyes, 2020 WL 1663129, at *3 (N.D. Ill. Apr. 3, 2020)

  • Further, Reyes attached a letter from an aunt who has stage four cancer and who notes that managing her care has been difficult for the Reyes family. She writes that “[Reyes’s] help is desperately needed.” (Id.) The policy statement’s third condition mentions only a spouse or dependent children, but the Court again notes that the “other” condition is meant to give discretion and especially recognize non-traditional family arrangements and the need for others in the family to contribute when a relative is sick. Thus, Reyes’s family circumstances contribute to allowing the Court to make a finding that extraordinary and compelling circumstances exist.
  • Finally, although rehabilitation alone cannot be an extraordinary and compelling circumstance, see 28 U.S.C. § 994(t), the Court is entitled to consider rehabilitation and give it appropriate analytical weight. The Court finds that Reyes has compiled an impressive record of rehabilitation.

United States v. Reed, 2020 WL 3128904, at *1 (N.D. Cal. June 13, 2020)

  • Lompoc, in custody since 2012, release date 2025
  • Diabetes, hypertension, obesity
  • Is needed as primary caretaker for spouse who has epilepsy and is recovering from back surgery and parent to son
  • Government argues diabetes and hypertension are “resolved”
  • Regarding caretaker argument:
    • These circumstances give rise to additional burdens in light of the shelter-in-place orders and concomitant uncertainties in school and childcare brought on by the pandemic. These facts, taken together, rise to a level sufficiently compelling to support a reduction of sentence under the circumstances.

United States v. Bucci, 409 F. Supp. 3d 1, 2 (D. Mass. 2019)

  • “Mr. Bucci’s circumstances are similar to those that the Sentencing Commission specifically articulated as examples of “extraordinary and compelling reasons” in its policy guidance. See U.S.S.G. § 1B1.13 n.1. Mr. Bucci is the “only available caregiver,” id. § 1B1.13 n.1(C)(ii), for an ailing, close member of his family: his mother.”
  • This Court rules that Mr. Bucci’s role as the only potential caregiver for his ailing mother is an “extraordinary and compelling reason” for compassionate release.
  • This Court sees no reason to discount this unique role simply because the incapacitated family member is a parent and not a spouse.

United States v. Britton, 2020 WL 4586799, at *1 (S.D.N.Y. Aug. 10, 2020)

  • 60-month custodial sentence
  • Diabetes, high blood pressure, 54 years old
  • 3553 – “The Court has considered each of the section 3553(a) factors and finds that the circumstances of the commission of Mr. Britton’s crimes, the steps that he has taken to address his control of his addiction and prepare himself for reentry, the disincentive his own medical condition gives him to engaging in behavior that could put him at risk of return to confinement, and his family circumstances in which he is taking on responsibility for the care of his medically vulnerable wife, combined with the harsh and stressful conditions under which he has been confined during the pandemic, are sufficient to address personal deterrence.”

United States v. Culp, 2020 WL 5511553, at *1 (E.D. Mich. Sept. 14, 2020)

  • 35 months, obesity, and family circumstances warrant reduction; sons are 2 and 14 and mother died two years ago
    • Projected release October 2021
  • Not danger, on bond for 3 years pending trial

United States v. Payne, 2020 WL 6334798, at *1 (W.D. Va. Oct. 29, 2020)

  • I find that the defendant’s medical conditions and her need to facilitate cancer treatment for her minor daughter are extraordinary and compelling reasons to reduce her sentence. Also, her time served is sufficient to meet the goals of 18 U.S.C. § 3553(a) given the non-violent nature of the crime, her minimal criminal history, and low risk of recidivism. I will grant the Motion for Compassionate Release and reduce her sentence to time served.
  • 60 months, has served 32, release date June 2023
  • Type 2 diabetes, daughter’s cancer treatment, obesity
  • FPC Alderson


United States v. Chandler, 5:99-cr-40044-HLT (D. Kan. Aug.  27, 2021)
  • Based on sentencing changes that removed the additional criminal history point based on recency of criminal history, also 404 section, changed Guidelines section
  • Served lengthy amount of time and rehabilitation
United States v. Jones, 482 F. Supp. 3d 969, 979 (N.D. Cal. 2020)
  • A second change in law that came after Mr. Jones was sentenced was the Supreme Court’s decision in United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), which made the Guidelines advisory rather than mandatory. Kimbrough v. United States, 552 U.S. 85, 90, 128 S.Ct. 558, 169 L.Ed.2d 481 (2007). Post-Booker, a district court “may determine … that, in the particular case, a within-Guidelines sentence is ‘greater than necessary’ to serve the objectives of sentencing.” Id. at 91, 128 S.Ct. 558. For instance, a court may now impose the “mandatory minimum sentence under § 924(c) and a one-day sentence for the predicate violent or drug trafficking crime” if the court found such a sentence to be sufficient under the circumstances.

United States v. Trenkler,  2021 WL 1811652, at *14 (D. Mass. May 6, 2021)

  • Booker was a major shift in federal sentencing law. Judges who had previously sentenced defendants mechanically based on rigid Guidelines now had discretion to impose sentences within or outside the Guidelines, as they felt just. But the extent and limitations on that discretion was not obvious in the immediate aftermath of Booker. In a flurry of opinions by both district courts and courts of appeals, judges attempted to put some guideposts in place to govern Booker’s grant of discretion. It took several years, and at least three more important decisions, see Kimbrough v. United States, 552 U.S. 85, 128 S.Ct. 558, 169 L.Ed.2d 481 (2007)Gall v. United States, 552 U.S. 38, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007)Spears v. United States, 555 U.S. 261, 129 S.Ct. 840, 172 L.Ed.2d 596 (2009), for the dust to fully settle, and for the Supreme Court to vest district courts with complete discretion to vary from the Guideline range, so long as variances are explained with reference to the governing standards of 18 U.S.C. § 3553
United States v. Brinkley, No. 09-60-04, 2021 WL 3708642, at *3 (E.D. Pa. Aug. 20, 2021)
  • In declining to give § 403 retroactive effect, Congress did not express a broad intent to foreclose other avenues of relief to the class of defendants sentenced under the pre-First Step Act § 924(c). Nor did it instruct courts to refrain from exercising their authority under § 3582(C)(1)(A) if, in so doing, they might coincidentally produce a result consistent with the retroactive application of § 403.
  • This Court considers the disparity of at least seventy (70) years, between Brinkley’s sentence and the sentence he would receive today to be a compelling justification for a reduction of his sentence. Indeed, if such disparities are so ubiquitous that the Government considers them ordinary, the Court might be all the more compelled. Having concluded that Brinkley’s sentence is unduly harsh and excessive, the Court will determine whether, in combination with the other factors he has identified, Defendant has presented extraordinary and compelling reasons to justify a reduction in sentence
  • Brinkley argues, and his PSR confirms, “[h]e committed these offenses at [a] young age, after an extraordinarily difficult childhood in which he was physically abused by his stepfather, abandoned by his biological father, and neglected by his mother, who was overwhelmed with nine children.”

United States v. Darby, 2021 WL 2463841, at *3 (N.D. Ohio June 17, 2021)

  • Today, it is undisputed that under the Sixth Circuit’s current interpretation, Mr. Darby would not be a career criminal and his sentencing guideline would be between 24-30 months.
  • Acknowledges Jarvis, but says non-retroactive changes can still be part of the equation

United States v. Lyle, 2020 WL 7247780, at *1 (S.D. Tex. Dec. 9, 2020)

  • 1,141 months for bank robbery
  • Reduces based on discrepancy of comparative sentences, to 493 months

United States v. Allsbrook, 2020 WL 7202577, at *1 (S.D. Ohio Dec. 7, 2020)

  • FCI Morgantown
  • Marijuana conspiracy
  • Asthma, sleep apnea, mother has onset dementia and will have surgery, needs assistance

United States v. Bilyou, 2020 WL 7138644, at *1 (S.D. Ind. Dec. 7, 2020)

  • FCI Oxford
  • 240 months for meth trafficking, due to 851 enhancement; in custody since 2011, release date May 2028
  • 42 years old, obesity and former smoker
  • The Court recognizes that Mr. Bilyou has served only about 56% of his sentence. However, when considering a motion for sentence reduction under the First Step Act, a court can consider “new statutory minimum or maximum penalties; current Guidelines; post-sentencing conduct; and other relevant information about a defendant’s history and conduct.”
  • Bilyou has maintained a near-perfect discipline record over his more than 9 years of incarceration and has taken substantial steps to rehabilitate himself while incarcerated.

United States v. Beam, 2020 WL 7327988, at *10 (N.D. Ala. Dec. 11, 2020)

  • 168 months for drugs, served 2 years, projected release is August 2030
  • FCI Aliceville
    • Discusses logistical difficulties with access to hospitals
  • Obesity, hypothyroidism, hypertension, diabetes
    • Extensive discussion of these conditions
  • Would not have received mandatory minimum for priors if sentenced after First Step Act, would be safety valve eligible
  • While Ms. Beam has served only 26 months of her sentence, further imprisonment is not necessary to deter future criminal conduct. Before she was sentenced for her crime in this case, Ms. Beam had not spent a significant amount of time in jail or prison.
    • Cites cases where “District courts across the country have granted motions for compassionate release from inmates who have served only a small portion of their term of imprisonment for drug-related crimes.”

United States v. Hewlett, 2020 WL 7343951, at *2 (N.D. Ala. Dec. 14, 2020)

  • Talladega FCI
  • 924(c) mandatory minimum, was 19 years old at time of carjacking, 34 years, had served 25 years
  • 46 years old, brain disease, seizures, palsy, asthma, hypertension
  • 13 not binding
  • The recent changes to the sentencing paradigm for Section 924(c) offenses instituted by the First Step Act create a strong disparity between Mr. Hewlett’s sentence and the sentences of those who have committed the same offense since the passage of the First Step Act.
  • Cites age at time of offense and rehabilitation

United States v. Blanco, 2020 WL 7350414, at *2 (N.D. Cal. Dec. 14, 2020)

  • USP Terre Haute
  • Mandatory life sentence based on 851 enhancement
  • Has served over 20 years

United States v. Brown, 2020 WL 7401617, at *1 (E.D. Wis. Dec. 17, 2020)

  • FCI Forrest City Low
  • Sentenced to life under 851, reduced to 292 months by Obama, 8 years left
  • Giving the statutory terms their ordinary meaning, a defendant seeking compassionate release must demonstrate that his situation is extraordinary, i.e., beyond what is usual, customary, regular, or common, and his need for release compelling, i.e., irreparable harm or injustice will result if relief is not granted
  • Finds reasons based on defendant’s prior convictions not qualifying under current version of 851
  • Also has hypertension, obesity, type 2 diabetes

Owen v. United States, 2020 WL 7407872, at *1 (E.D. Va. Dec. 17, 2020)

  • FCI Coleman Low
  • 420 months after reduction for 29 armed robberies
    • Release date is 2033
  • Granting reconsideration, denied motion in October based on lack of medical condition, now granting based on sentencing disparity based on 924(c) stacking
  • Petitioner is clearly a different person at 39 years old than he was at his involvement in the instant offense at age 22

United States v. Dusenbery, 2020 WL 6694408, at *2 (N.D. Ohio Nov. 13, 2020)

  • FCI Allenwood/USP Thomson
  • Prosecutor wrote letter of support
  • High blood pressure, chronic kidney disease, respiratory issues
  • Had served 28 years of life sentence for 851 enhancement and CCE conviction

United States v. Sparkman, 2020 WL 6781793, at *1 (N.D. Ill. Nov. 18, 2020)

  • 40-year mandatory minimum sentence for serious crimes, including participating in at least two kidnappings’.
    • “However, due to unrelated delays, one of Sparkman’s co-defendants, Hector Uriarte, was the beneficiary of a sentence reduction under the First Step Act of 2018, reducing his sentence to half the length of Sparkman’s, even though the government, this court, and a dissenting opinion of the Seventh Circuit agree that his conduct was far more culpable than Sparkman’s”
  • 34 years old, severe obesity, high blood pressure, sleep apnea, heart murmur
  • Stacking 924(c) charges

United States v. Perry, 2020 WL 7024915, at *1 (E.D. Mich. Nov. 30, 2020)

  • 188-month sentence for drugs, has 3 years left
  • Traumatic life
  • 45 years old, overweight, drug use
  • FCI Tallahassee
  • Also cite her career offender designation
    • Under case law no longer a career offender
    • “Disparity created by the career offender designation constitutes an additional independent extraordinary and compelling reason for relief”

United States v. Curtis, 2020 WL 6484185, at *1 (N.D. Okla. Nov. 4, 2020)

  • 924(c) stacking, led to 189 years, had been in prison for 20 years for armed robbery
    • The record further reflects a .22 caliber rifle was used during the robberies which resulted in a net cash amount of $1,182.00 and some clothing. There were no physical injuries during the robberies and the firearm was not discharged. The Presentence Report does not indicate if it was even loaded.
  • Court had asked BOP to file CR in 2015

United States v. Redwine, 2020 WL 6829848, at *3 (E.D. Va. Nov. 20, 2020)

  • 62 years old, prostate cancer, severe glaucoma
  • Bank robbery, served 33 years in VA, granted geriatric parole, then had to start 25 year federal sentence in March 2020
  • Holds NOT GRANTING under 3582(c)(1)(A); doing so under former Rule 35

United States v. Brown, 2020 WL 6482397, at *1 (D.S.C. Nov. 4, 2020)

  • 262 months under 851 and mandatory guidelines for less than 5 grams of crack, sentenced in 2003
  • Initially said not eligible for crack under First Step Act, but 4th Circuit reversed
  • Resentencing to time served

United States v. Morrow, 2020 WL 6710302, at *1 (S.D. Ill. Nov. 16, 2020)

  • 504 months for crack
  • Would have been 10 years to life, but 851 would not apply

United States v. Henderson, 2020 WL 6784351, at *9 (E.D. Va. Nov. 18, 2020)

  • 10-month sentence reduction after supervised release revocation
  • Based on excessive sentence under 924(c) and mandatory minimum drug weight
    • COVID not extraordinary and compelling since he has no risk factors, neither is mother’s poor health because he is not sole caretaker

United States v. Taniguchi, 2020 WL 6390061, at *1 (S.D. Ohio Nov. 2, 2020)

  • On November 15, 2000, Jay Taniguchi was sentenced to mandatory minimum of 504 months of imprisonment
  • 924(c) stacking
  • He maintains that he has heart disease, hypertension, and abnormal heart arrythmia which “collectively place him at a greater risk of fatally contracting COVID-19

United States v. Dowe, 2020 WL 5540155, at *1 (M.D. Fla. Sept. 15, 2020)

  • 240 months for cocaine in 2012, 851 enhancement (judge said it was a travesty of justice). Has served 108 months
  • 46 years old, type 2 diabetes, hypertension, high cholesterol, obesity

United States v. Hickman, 2020 WL 6393391, at *1 (D. Md. Nov. 2, 2020)

  • 360 months for heroin, initially life under 851 given priors
  • FCI Edgefield
  • Diabetes, asthma, hypertension, chronic renal insufficiency
  • Hickman argues, and the government does not dispute, that a sentence of time served is consistent with what his guideline sentence would likely be if he were sentenced for the same conduct and with the same criminal history today. (ECF 362 at 13–17; ECF 364 at 11). The length of Hickman’s sentence was driven primarily by a finding that he was a career offender.

United States v. Alexander, 2020 WL 6268136, at *1 (N.D. Ohio Oct. 26, 2020)

  • FCI Allenwood Low
  • Served 15 years of 262-month sentence, enhanced with 851, release date is December 2023
  • Asthma, 57 years old, prediabetes, elevated blood pressure
  • Discusses rehabilitation

United States v. Price, 2020 WL 5909789, at *1 (D.D.C. Oct. 6, 2020)

  • USP Lewisburg
  • Life sentence based on § 851, would be 15 -year sentence now
  • Cites draconian laws that have been reformed in sentencing, cites disparity of more culpable co-defendants who received lesser sentences

United States v. Williams, 2020 WL 5834673, at *1 (W.D. Va. Sept. 30, 2020)

  • Reduced life sentence to 188 months
  • Sentenced in April 2013
  • Life sentence product of 851 enhancement, based on two prior cocaine possession felonies in Florida

United States v. Heffington, 2020 WL 4476485, at *1 (E.D. Cal. Aug. 4, 2020)

  • Heffington was sentenced to two concurrent life terms of imprisonment on August 2, 1993, 851 enhancement, excessive sentence
  • FCI Victorville
  • Compassionate release may also be warranted based on a defendant’s age and other related factors. In these situations, “extraordinary and compelling reasons” exist where a “defendant (i) is at least 65 years old; (ii) is experiencing a serious deterioration in physical or mental health because of the aging process; and (iii) has served at least 10 years or 75 percent of his or her term of imprisonment, whichever is less.”
  • 75 years old, has served 27 years in prison
  • COPD, asthma, emphysema, morbid obesity, hypertension
  • 3553 – disparity, Thus, any sentencing disparity considerations strongly weigh in favor of the granting of relief in defendant Heffington’s case, citing co-defendant that got 20 years
  • 3582(c)(1)(A) allows reducing life sentence

United States v. Quintanilla, 2020 WL 5593203, at *1 (N.D. Ind. Sept. 17, 2020)

  • 240 months for transporting 38 kilos of cocaine
    • The effect of the § 851 enhancement was to take his guideline sentence from 87 to 108 months to a statutory mandatory minimum of 20 years
      • “However, the Court must be mindful of the peculiar circumstances surrounding the length of Quintanilla’s sentence. Quintanilla’s plea contained an enhancement under 21 U.S.C. § 851(a)(1). In the Court’s experience, pleas are generally entered to avoid the addition of a § 851 enhancement; the Court cannot think of another case where the enhancement was agreed to as part of a plea.”
      • “This is to say nothing of the fact that Quintanilla could not even receive the § 851 enhancement if he was sentenced today. The enhancement was applied in this case because, at the time, Quintanilla’s 1992 conviction for Engaging in Organized Criminal Activity was treated as a “serious drug felony.” However, the First Step Act of 2018 changed the definition of that term. A serious drug felony under the current law means an offense for which:
        • (A) the offender served a term of imprisonment of more than 12 months; and
        • (B) the offender’s release from any term of imprisonment was within 15 years of the commencement of the instant offense.”

United States v. Dowe, 2020 WL 5540155, at *1 (M.D. Fla. Sept. 15, 2020)

  • 851 enhancement, sentence was 240 months, had served 108 months of his sentence and has an expected release date of September 14, 2028
  • FCI Jesup
  • 46 years old, type 2 diabetes, hypertension, hyperlipidemia, obesity

United States v. Smith, 2020 WL 5106694, at *1 (M.D. Fla. Aug. 31, 2020)

  • LIFE sentence, based on 851 mandatory minimum
  • 70-year-old inmate imprisoned at Coleman Medium FCI. He has been incarcerated for 23 years
    • “Danger posed by coronavirus is especially acute for elderly prisoners”
    • Had a stroke before, court cites age and history of strokes, “the risk of serious complications from Covid-19 is further heightened for those who suffer from cerebrovascular disease or have had a stroke
  • Not danger, was 47 years old at time of offense
    • Statistics show that age exerts a powerful influence on the recidivism rate, which declines as offenders get older. The Effects of Aging on Recidivism Among Federal Offenders, at 3, 23, United States Sentencing Commission (2017), available at https://www.ussc.gov/sites/default/files/pdf/research-and-publications/research-publications/2017/20171207_Recidivism-Age.pdf. According to the Sentencing Commission, offenders aged 65 and older, like Smith, are the least likely to be rearrested, reincarcerated, or reconvicted. Id. at 23. And importantly from a public safety perspective, offenders over the age of 40 whose crime of conviction was nonviolent recidivated at half the rate of violent offenders, and when nonviolent offenders did recidivate, the new offense was less likely to be violent. See Recidivism Among Federal Violent Offenders, United States Sentencing Commission (2019), at 3, available at https://www.ussc.gov/sites/default/files/pdf/research-and-publications/research-publications/2019/20190124_Recidivism_Violence.pdf.
  • Exhaustion – submit request January 2020
    • The Department of Justice “views the plain language of the First Step Act to allow an inmate to file a motion after 30 days have passed since the request was made to the warden, or after exhausting administrative review, whichever is earlier.”
  • As the Sixth Circuit Court of Appeals has held, “[p]risoners who seek compassionate release have the option to take their claim to federal court within 30 days [of submitting a request to the warden], no matter the appeals available to them.” United States v. Alam, 960 F.3d 831, 834 (6th Cir. 2020)
    • Re: standard saying that if warden responds early with denial, must exhaust— “This argument simply reads additional terms into the statute that are absent”
  • 3553
    • Notes he would not be subject to life in prison under todays law, 851 now requires two prior convictions for “serious drug felony” and “serious violent felony”
    • Neither prior conviction would have been “serious drug felony”

United States v. Jones, 2020 WL 5035833, at *1 (N.D. Cal. Aug. 25, 2020)

  • 29 years 9 months incarceration, in 1994
  • Committed assault, got additional 12 months consecutive
  • USP Atlanta
  • 48 years old, has served more than 25 years, projected release is September 2021
  • 1B1.13 not binding
  • “There have been two major changes to federal sentencing law since Mr. Jones’s sentencing in 1995. First and foremost, at the time of Mr. Jones’s sentencing, the trial court had no choice but to impose the 25-year consecutive prison sentence he received for his two § 924(c) charges; today, the mandatory minimum for the same charges would be only 10 years.
  • A second change in law that came after Mr. Jones was sentenced was the Supreme Court’s decision in United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), which made the Guidelines advisory rather than mandatory.
  • The upshot of the foregoing is that Mr. Jones was sentenced under a regime that has not only been held unconstitutional but has also been substantially amended to eliminate the brutal harshness of stacking. The Court finds that, on the instant facts—including the severity of Mr. Jones’s sentence and the gross disparity between his sentence and the sentence that Congress now deems appropriate—the above-described changes in sentencing law weigh strongly in favor of compassionate release. Today, Mr. Jones would likely receive 14.752 years imprisonment, if not less; the sentence he actually received—29.75 years—is more than twice that length.
  • ALSO COVID reasons – hypertension

United States v. Aherns, 2020 WL 5097512, at *1 (D.N.D. Aug. 28, 2020)

  • 216-month sentence, meth offense but 851 enhancement
  • FCI Sandstone, projected release October 2023
  • 48 years old, hypertension, obesity, renal cell carcinoma, nephrectomy, 50% kidney function
  • 3553 – “To start, the FSA cut down the mandatory minimum penalties imposed by 21 U.S.C. § 841(b)(1)(A). Offenders with two prior felony drug convictions were subject to mandatory life imprisonment under the statute’s former version. No longer. Now the mandatory minimum enhancement caps at 25 years and applies only when a defendant accrues prior convictions for a “serious drug felony.” 21 U.S.C. § 841(b)(1)(A). The term “serious drug felony” is defined as an offense with a maximum penalty of at least 10 years’ imprisonment for which the offender actually served 12 or more months.
    • “As for the kinds of sentences available and the advisory guideline range, Aherns would face a markedly less harsh sentencing regime if convicted today. To be clear, the Court does not believe that temporal sentencing disparities create an independent extraordinary and compelling reason for a sentence reduction”

United States v. Adeyemi, 020 WL 3642478, at *2 (E.D. Pa. July 6, 2020)

  • FCI-Fort Dix suffering from chronic asthma which cannot be adequately addressed given the COVID-19 outbreak there. As the United States concedes, Mr. Adeyemi is serving a statutory sentence which Congress now defines as excessive. (Stacking)

United States v. Brown, 2020 WL 4569289, at *1 (E.D. Wis. Aug. 7, 2020)

  • Reduction of 624 months to 408 months
  • Based on stacking, 924(c), 7 bank robberies, car jacking, etc
  • FCI Greenville
  • 1B1.13 – Because U.S.S.C. § 1B1.13 cmt. n.1(D) is outdated and inapplicable, courts have held that it does not preclude courts from exercising discretion when circumstances warrant relief.
  • Absent any specific guidance, the district court in Redd evaluated whether extraordinary and compelling reasons existed to reduce the sentence by considering (1) the sentence the defendant originally received compared to the one he would receive today; (2) the disparity between those sentences; and (3) the reason for that disparity.

United States v. Baker, 2020 WL 4696594, at *1 (E.D. Mich. Aug. 13, 2020)

  • Retail store robberies in 2010
  • In light of the “enormous” required sentence for the three § 924(c) violations, the court sentenced Baker to time served for the four robbery counts, resulting in a total sentence of 57 years (684 months)
    • Mandatory minimum today would be 24 years
  • 1B1.13 – “This court agrees with the majority position that it may determine what constitutes an extraordinary and compelling reason justifying compassionate release, without being restricted by the assessment of the BOP.”
  • His current projected release date is May 5, 2060, he was 24 at time of his offense
  • “Numerous district courts have found that this “drastic change” in the law, eliminating such lengthy mandatory sentences, constitutes an extraordinary and compelling reason to consider a sentence reduction.”
    • As many courts have noted, however, Congress’s failure to make the amendment retroactive does not necessarily preclude the court from considering the change in the context of a motion for compassionate release
    • In addition to the change in law, Baker’s significant evidence of rehabilitation supports a sentence reduction. Despite his long sentence, all accounts indicate that he has approached his term of imprisonment with optimism and a desire to be productive and transform his life.

United States v. Redd, 444 F. Supp. 3d 717, 722–23 (E.D. Va. 2020)

  • “In assessing whether Mr. Redd has presented extraordinary and compelling reasons, the Court has initially and centrally considered the sentence he received relative to the sentence he would now receive *723 for the same offense, whether and to what extent there is a disparity between the two sentences, and why that disparity exists. In that regard, the sentence Mr. Redd received was in large part attributable to the then available prosecutorial practice of “stacking” § 924(c) charges in the same indictment without a previous § 924(c) conviction, which resulted in a mandatory minimum sentence of 540 months for his three § 924(c) convictions, to run consecutive to his 63 month sentence for the bank robberies. As mentioned above, that sentence is 30 years, or three times longer, than what Congress has now deemed an adequate punishment for comparable § 924(c) conduct;8 and it is 20 years longer than what the Government at the time thought was an adequate punishment under § 924(c), as reflected in its plea offer. That sentence is also decades longer than sentences imposed on average for offenses at least as, if not more, serious than his offenses.9 Given that he was sentenced pre-Booker, even his sentence for the robberies themselves could be lower today than the 63 months he received.”
  • Stacking 924(c)

United States v. Davis, 2020 WL 5027483, at *1 (D. Neb. Aug. 24, 2020)

  • 670 months for three counts of bank robbery, using firearm in furtherance of bank robbery, 130 months on robbery, 60, 240 and 240
  • If Davis were sentenced for his crimes today, he would not be subject to the mandatory sentencing enhancements for his second and third firearms offenses under § 924(c)(1)(C), commonly referred to as “stacking.” He would, however, be subject to enhanced sentences for Counts II and VI pursuant to § 924(c)(1)(A)(iii) for discharging his firearm, and for Count IV pursuant to § 924(c)(1)(A)(ii) for brandishing his firearm.
  • “Accordingly, Davis’s current sentence is most likely 216 months longer than that which he would receive if sentenced under current law. As in United States v. Urkevich, No. 8:03CR37, 2019 WL 6037391 (D. Neb. Nov. 14, 2019), this Court finds such a circumstance to be an extraordinary and compelling reason for a sentence reduction. Other courts have agreed that defendants who were subject to enhanced “stacked” sentences for firearms offenses—which now would not be subject to such enhancement—may seek relief under § 3582(c)(1)(A)(i). See United States v. Haynes, No. 93 CR 1043 (RJD), 2020 WL 1941478, at *1 (E.D.N.Y. Apr. 22, 2020); United States v. Redd, No. 1:97-CR-00006-AJT, 2020 WL 1248493, at *1 (E.D. Va. Mar. 16, 2020); United States v. Maumau, No. 2:08-CR-00758-TC-11, 2020 WL 806121, at *4 (D. Utah Feb. 18, 2020).”

United States v. Pollard, , 2020 WL 4674126, at *9 (E.D. Pa. Aug. 12, 2020)

  • Today, Pollard would be subject to a 168-month mandatory minimum, as opposed to the 384-month one he faced when he was sentenced.
  • FCI Fort Dix
  • In light of lowering mandatory minimums under First Step Act
  • Armed robberies, stacked 924(c) count
  • Congress recast the consecutive stacking provision of Section 924(c), which required imposition of consecutive seven- and 25-year terms of imprisonment for two gun violations pursuant to that Section, even if both convictions stemmed from the same indictment. Id. at *5. The FSA clarified that now, the stacking provision is only triggered if the second offense occurs after a final conviction on the first one; it is not triggered if a defendant is charged with two violations in the same case.
  • Extensive discussion on whether SCOTUS decision in Dillon makes 1B1.13 binding on courts, says no
  • No COVID argument

United States v. Pham, 2020 WL 4735266, at *1 (D. Kan. Aug. 14, 2020)

  • Arguing “sentence should be reduced in light of the First Step Act’s elimination of the “stacking” rule for 18 U.S.C. § 924(c) offenses”
  • Sentenced to 1,076 months in 2000, would receive 404 months
  • As the court determined in that case, while the elimination of the stacking rule was not expressly made retroactive, this meant that the court retained the discretion to determine—on a case-by-case basis—whether a reduction should occur. Other courts similarly have determined that the First Step Act empowers district courts to reduce sentences where necessary to avoid unwarranted disparities. See United States v. Stewart, No. 98-40097-01-SAC, 2020 WL 4260637 (D. Kan. July 24, 2020); United States v. Lavy, No. 17-20033-JAR, 2020 WL 3218110 (D. Kan. June 15, 2020) United States v. Beck, 425 F. Supp. 3d 573, 577-80 (M.D.N.C. 2019); United States v. Urkevich, 2019 WL 6037391, at *3 (D. Neb. 2019); United States v. Cantu, 423 F.Supp.3d 345, 349-53 (S.D. Tex. 2019). The conclusion that district courts are not constrained by the BOP’s definition of “extraordinary and compelling circumstances reflects the “growing consensus of courts across the country.” See United States v. Somerville, No. 2:12-CR-225-NR, 2020 WL 2781585, at *6 (W.D. Pa. May 29, 2020).

United States v. Ford, 2020 WL 4207092, at *1 (E.D. Mich. July 22, 2020)

  • Here, because the government concedes that Defendant’s health concerns create extraordinary and compelling circumstances, the Court need not resolve the issues raised by Defendant’s argument regarding the “stacking” of § 924(c) counts. The Court notes, however, that because § 1B1.13 was not updated after Congress revised § 3582(c) in the First Step Act to “Increase the Use and Transparency of Compassionate Release,” allowing defendants, for the first time, the right to petition courts directly for compassionate release, most courts that have considered this issue have held that the discretion to identify other extraordinary and compelling reasons previously reserved for the BOP is now given to the courts

Bellamy v. United States, 2020 WL 4208446, at *1 (E.D. Va. July 22, 2020)

  • Petitioner has been incarcerated for over 16 years and is scheduled to be released on August 21, 2034; 430 months
  • Stacking 924(c), In addition to the legal disparity between individuals sentenced before and after the elimination of the “stacking” provision and between Petitioner and his codefendant, Petitioner has displayed a solid record of rehabilitation during his stint in federal prison.
  • Extensive discussion of 1B1.13, binding on courts, court holds the discretion is broad and district court can define extraordinary and compelling

United States v. Stewart, 2020 WL 4260637, at *1 (D. Kan. July 24, 2020)

  • 378 months or 31.5 years, based on stacking 924(c) counts
  • MCFP Springfield
  • Today his sentence would be 16.5 years, not 31
  • The government recognizes that Judge Marten in our district and “many other district courts” have recognized as an extraordinary and compelling reason the FSA’s elimination of this stacking practice under § 924(c) and the radical effect upon a defendant’s sentence.
  • Also has asthma

United States v. Poole, 2020 WL 4192280, at *1 (W.D. Tenn. July 14, 2020)

  • Defendant had “diabetes, high blood pressure, a history of mini-strokes, is 67 years old”
    • Government concedes
  • Projected release October 2022, FCI Forrest City Low
  • Stacking 924(c) charges, 270-month sentence
  • Issue Exhaustion – The government argues that, although Poole has previously requested compassionate release, he has not exhausted his administrative remedies because he makes arguments to the Court that he has not made to the BOP. (ECF No. 184 at 8-11.) The government argues that Poole’s request to the BOP was “solely based on his claim of being elderly,” and that “Poole should present a new request to BOP to satisfy the exhaustion requirement with respect to his compassionate release claim and being vulnerable due to COVID-19.”
    • There is a split among district courts about whether a defendant has exhausted his administrative remedies as required by § 3582(c)(1)(A)when the defendant requests relief from the Court based on grounds not directly raised to the BOP.
    • The statute contains no language requiring that a court consider only arguments raised first to the BOP or requiring a defendant to raise each ground for relief to the BOP
  • Recidivism lower– The Sentencing Commission has found that recidivism rates among elderly offenders are substantially lower than among younger offenders. Only 13.4% of offenders age 65 or older are rearrested

United States v. Quinn, 2020 WL 3275736, at *2 (N.D. Cal. June 17, 2020)

  • There are two primary reasons for this 30-year disparity. First, at the time of Quinn’s sentencing, the “stacking” of multiple § 924(c) charges in the same indictment was mandatory; a sentencing court had no choice but to impose consecutive 5-year and 20-year mandatory minimums for two § 924(c) charges in the same indictment. See Deal v. United States, 508 U.S. 129, 113 S.Ct. 1993, 124 L.Ed.2d 44 (1993); see also United States v. Quinn, 18 F.3d 1461, 1467 (9th Cir. 1994) (reversing district court’s attempt to impose only 5-year sentences for each § 924(c) offense). Second, the Guidelines defined “crime of violence” broadly, such that Quinn’s criminal history resulted in him being classified as a “career offender,” which significantly increased his Guidelines sentence. Lastly, at the time, the Guidelines were considered mandatory, so courts lacked discretion to deviate from the strictures of the Guidelines range, even in exceptional circumstances.

United States v. Luna, 2020 WL 4696621, at *1 (N.D. Cal. Aug. 13, 2020)

  • Has “history of chronic hepatitis C, deafness in one ear, and latent tuberculosis infection (“LTBI”); has been diagnosed with hypertension, bilateral osteoarthritis of the knees, gastro-esophageal reflux disease with esophagitis, and early cataract development; and has had multiple procedures for testicular hydrocele.”
  • Life sentence without parole since 1992 for cocaine and 851 enhancement
  • 67 years old, FMC Butner
  • Won’t consider 851 excessive sentence argument under catch-all, as urged by government, BUT NOTES AS 3553(a) factors, would only serve 25 years under current law; reducing sentence “would avoid unwarranted sentencing disparities among defendants with similar criminal records”


United States v. Youngblood, 2021 WL 4167105, at *2 (4th Cir. Sept. 14, 2021) (UNPUBLISHED)

  • Reversed and remanded from district court denial
  • “Youngblood also contends that the district court abused its discretion by failing to consider all of the medical conditions listed in his pro se motion, as supplemented by counsel, as well as the prison’s ability to control the spread of the virus. We reject the Government’s assertion that this argument is waived and agree that the court abused its discretion by failing to analyze several facts relevant to Youngblood’s compassionate-release motion, including whether his obesity renders him particularly susceptible to severe illness or death from COVID-19.”

United States v. McCoy, No. 20-6821, 2020 WL 7050097 (4th Cir. Dec. 2, 2020)

  • Granted based on inmates’ “youth at the time of the offenses, their lack of significant prior criminal history, their exemplary behavior and rehabilitation in prison, and their already-substantial years of incarceration”
  • Nor was it otherwise improper, we conclude, for the district courts to consider the First Step Act’s declaration of the appropriate level of punishment under § 924(c) in assessing the defendants’ cases, on an individualized basis, for compassionate release.

United States v. Gunn, 2020 WL 6813995, at *2 (7th Cir. Nov. 20, 2020)

  • Like the Second Circuit, see United States v. Brooker, 976 F.3d 228 (2d Cir. 2020), we disagree with this reading of the statute’s trailing paragraph. It says that a reduction must be “consistent with” all “applicable” policy statements. Section 1B1.13 addresses motions and determinations of the Director, not motions by prisoners.
  • The Department of Justice protests that this leaves district judges free to invent their own policies about compassionate release. Like the Second Circuit, we do not see the absence of an applicable policy statement as creating a sort of Wild West in court, with every district judge having an idiosyncratic release policy. T

United States v. Jones, 2020 WL 6817488 (6th Cir. Nov. 20, 2020)

  • Now unhindered by the BOP’s procedural bars, incarcerated persons’ filing and federal courts’ granting § 3582(c)(1)(A) motions have surged this year. 10,940 federal prisoners applied for compassionate release between March and May 2020, id., and federal courts have compassionately released an estimated 1,700 persons in 2020 so far
  • U.S.S.G. § 1B1.13 is not an “applicable” policy statement when an imprisoned person files a motion for compassionate release

United States v. Trotman, 2020 WL 6743609, at *2 (4th Cir. Nov. 17, 2020)

  • “Here, the district court failed to consider the 18 U.S.C. § 3553(a) sentencing factors, failed to address Trotman’s arguments in favor of a reduction, and failed to explain its reasons for denying the motion. Accordingly, we are unable to meaningfully review this portion of the district court’s order. We therefore affirm the portion of the district court’s order denying Trotman’s First Step Act motions; vacate the portion of the order denying Trotman’s compassionate release motion; and remand for further proceedings”

United States v. Pawlowski, 967 F.3d 327, 331 (3d Cir. 2020)

  • Not abuse of discretion to consider portion of sentence served
  • Affirm denial for D who served 19 months of 180-month sentence

United States v. Kincaid, 802 F.Appx. 187 (6th Cir. Apr. 23, 2020)

  • Not abuse of discretion to deny based on time served

United States v. Brooker, 2020 WL 5739712, at *1 (2d Cir. Sept. 25, 2020)

  • Application Note 1(D) does not apply to compassionate release motions brought directly to the court by a defendant under the First Step Act
  • Courts have discretion under 1B1.13 to define extraordinary and compelling circumstances

United States v. Alam, 960 F.3d 831, 834 (6th Cir. 2020)

  • Exhaustion not waivable
    • Prisoners who seek compassionate release have the option to take their claim to federal court within 30 days [of submitting a request to the warden], no matter the appeals available to them.

United States v. Harris, 812 F. App’x 106, 107 (3d Cir. 2020)

  • The Government argued, and the District Court agreed, that because the Warden denied Harris’s request within thirty days, he was required to completely exhaust the administrative remedy process. However, the statute states that the defendant may file the motion thirty days after the warden receives his request.

United States v. Raia, 954 F.3d 594 (3d Cir. 2020)

  • No waiver or exception for exhaustion

United States v. Franco, No. 20-60473, 2020 WL 5249369, at *2 (5th Cir. Sept. 3, 2020)

  • Franco notes that she “is housed at a Residential Reentry Management Facility, which has no warden.” But this apparent problem has a simple solution. Bureau of Prisons regulations define the “warden” to include “the chief executive officer of … any federal penal or correctional institution or facility.”
  • Recognizes exhaustion not necessary after 30 days

United States v. Westine, 3:14-cr-00010-1, Appeal No. 20-5233 (6th Cir. 2020)

  • Practice tip – Government can’t just say the condition is well managed or not serious, court must consider them in context of COVID-19 and severe risk
    • HOLDING COVID-19 can fit within 1B1.13

United States v. Allen, 2020 WL 5117947, at *1 (6th Cir. Aug. 27, 2020)

  • The government does not dispute Allen’s eligibility for compassionate release based on the risks posed by Covid-19 and his underlying health conditions. Rather, the issue on appeal is whether the district court acted within its discretion by denying compassionate release based on the § 3553(a) factors. See Kincaid, 802 F. App’x at 188. We conclude that it did.

United States v. Springer, 2020 WL 3989451, at *2 (10th Cir. July 15, 2020)

  • “Springer’s transfer to home confinement is not a release from imprisonment, nor does this transfer reduce the length of his custodial sentence”
    • “When read together, these statutes plainly indicate that a person is in the BOP’s ‘custody’ while serving the remainder of a sentence in home confinement.”

United States v. McCarson, 2020 WL 5053258, at *1 (4th Cir. Aug. 27, 2020)

  • Specifically, the court failed to address McCarson’s claim that her heightened susceptibility to COVID-19 is an extraordinary and compelling reason justifying compassionate release under 18 U.S.C. § 3582(c)(1)(A)(i).

United States v. Boddie, 2020 WL 5034405, at *1 (4th Cir. Aug. 25, 2020)

  • When denying relief, the court considered Boddie’s desire to care for his elderly, disabled grandparents but did not address the purported dire financial circumstances of his immediate family. Because the court did not consider all of Boddie’s arguments in support of his motion for compassionate release, we conclude that the court abused its discretion in denying the motion.

United States v. Gonzalez, 2020 WL 5352078, at *1 (5th Cir. Sept. 4, 2020)

  • “Contrary to Gonzalez’s contention, there is no indication in the district court’s order that it treated U.S.S.G. § 1B1.13 “as the dispositive boundary of what may be judicially determined to be extraordinary and compelling reasons for a sentence reduction for medical reasons.” Rather, the order’s reference to the Guidelines should be fairly read as one step in the district court’s own determination of whether extraordinary and compelling reasons warrant a reduction of Gonzalez’s sentence. The district court was free to determine that Gonzalez’s need for dialysis, without more, was not an extraordinary and compelling reason for compassionate release”

United States v. Spencer, 2020 WL 5498932 (6th Cir. Sept. 2, 2020)

  • “Section 3582(c)(1)(A) does not authorize the district court to order that a defendant serve his current sentence in home confinement. See Tapia v. United States, 564 U.S. 319, 331 (2011) (noting that the BOP has plenary control over the “place of … imprisonment” (quoting 18 U.S.C. § 3621(b))). But if the district court reduces a defendant’s sentence under § 3582(c)(1)(A) to time served, it can impose a term of supervised release equal to the unserved time and order, as a condition of that supervised release, that the defendant be confined to his home.”
  • But doing so still requires the district court to reduce the defendant’s current custodial sentence to time served, which it can do only if it finds that the defendant meets the criteria set forth in § 3582(c)(1)(A) and USSG § 1B1.13.

1B1.13 Policy Statement

United States v. Adams, 2020 WL 3639903, at *2 (S.D. Ill. July 6, 2020)

  • Courts have in many instances taken it upon themselves, however, to identify non-enumerated grounds constituting extraordinary and compelling reasons for compassionate release, even where the Bureau of Prisons has not done so.
  • Sickle cell trait is not enough, but in conjunction with other traits, disparity between sentence when imposed and current guidelines, rehabilitation, had escaped prison once

United States v. Razzouk, 1:11-cr-00430, Dkt. 136 (E.D.N.Y., April 19, 2020)

  • “anachronistic because it pre-dates the First Step Act itself”

United States v. Delgado, 2020 WL 2464685, at *2 (D. Conn., April 30, 2020)

  • Citing “majority of district courts” finding that courts can independently define “extraordinary and compelling reasons.”

United States v. Mace, 4:17-cr-00618, Dkt. 56 (S.D. Tex., April 1, 2020)

  • “Because the policy statements were not updated after enactment of the First Step Act, the Court may determine whether the defendant has shown extraordinary and compelling reasons for compassionate release

United States v. Asaro, 2020 WL 1899221, at *3 (E.D.N.Y. Apr. 17, 2020)

  • “anachronistic because it pre-dates the First Step Act itself,” courts make an “independent assessment,” using 1B1.13 for “guidance”

United States v. Jepsen, 2020 WL 164-232, at *4 (D. Conn., April 1, 2020)

  • “The Court may determine that ‘extraordinary and compelling’ reasons may exist beyond those delineated by the commentary.”

United States v. Atkinson, 2020 WL 1904585, at *3 (D. Nev. Apr. 17, 2020)

  • “The presence of COVID-19 . . . necessitates a more expansive interpretation of what self-care means” to include Covid-vulnerability coupled with the inability to practice CDC-recommended procedures to safeguard against transmission)

United States v. Hird, 2:13-cr-39-TJS, Dkt. No. 650 (E.D. Pa. May 19, 2020)

  • Government response, concession that “the risk of COVID-19” to a vulnerable inmate “presents ‘a serious physical or medical condition . . . that substantially diminishes the ability of the defendant to provide self-care within the environment of a correctional facility”)

United States v. Perez, 2020 WL 1180719, at *2 (D. Kan. Mar. 11, 2020)

  • Holding “a majority of federal district courts have found that “the most natural reading of the amended § 3582(c) and § 994(t) is that the district court assumes the same discretion as the BOP director when it considers a compassionate release motion properly before it.”


United States v. Head, 2020 WL 3180149, at *3 (E.D. Cal. June 15, 2020)

  • Noting “at least two other district court have found that the “30-day period should be measured from the date on which a prisoner submits his or her request to the BOP, not the date the request is received by the Warden.” United States v. Feucht, No. 11-CR-60025, 2020 WL 2781600, at *2 (S.D. Fla. May 28, 2020); see also United States v. Resnick, No. 14 CR 810 (CM), 2020 WL 1651508, at *6 (S.D.N.Y. Apr. 2, 2020),” prisoner mailbox rule
  • Asthma, despite not being reported consistently on health records, and defendant himself stating he was healthy and not mentioning asthma in his PSR
    • Asthma is chronic and cannot be cured, symptoms vary over the years
    • Cites cases where asthma was established through declarations from defendant and wife
    • Occasional references in record is enough

United States v. Echevarria, 2020 WL 2113604, at *2 (D. Conn. May 4, 2020)

  • Here, I find that Mr. Echevarria has satisfied that requirement. He submitted an “Inmate Request to Staff” form dated March 29, 2020, in which he requested to “be placed in home confinement to complete [his] sentence” due to his asthma and the “COVID-19 pandemic.” ECF No. 54-3. During the telephonic status conference on May 1, 2020, the Government stipulated that the warden of Mr. Echevarria’s facility received this request on March 29 or shortly thereafter. Because 30 days have elapsed since the BOP’s receipt of Mr. Echevarria’s request to modify his sentence, Mr. Echevarria has exhausted his administrative remedies, as required by statute.

United States v. Cassidy, 2020 WL 1969303, at *1 (W.D.N.Y. Apr. 24, 2020)

  • Cassidy twice submitted requests for compassionate release to the Bureau of Prisons. He submitted his first request on April 4, 2020, by way of an “Inmate Request to Staff” form addressed to his case manager and through a contemporaneous email to the warden. (See Docket No. 57-1, pp. 3-5.) He submitted his second request on April 15, 2020, by way of another “Inmate Request to Staff” form addressed to his case manager. (See Docket No. 57-1, p. 2.) While the government represents that Cassidy never sent his email to the warden and never submitted his first request to his case manager, it has submitted no affidavits in that regard and, in fact, it readily obtained and submitted copies of these documents that were reportedly never received.

United States v. Reid, 2020 WL 2128855, at *2 (N.D. Cal. May 5, 2020)

  • Reid has satisfied these requirements. First, he has exhausted his administrative remedies because more than thirty days have now lapsed since he, on April 4, 2020, petitioned the warden at Taft for relief in light of the COVID-19 pandemic. See Mot. at 29–30 (“Inmate Request to Staff”)

United States v. Brunston, No. 18-CR-40145, Dkt. 56 (S.D. S.Dak.)

  • BOP said there was no request, probation had to obtain all material from BOP pursuant to court’s standing order, revealed stamped copy

United States v. Saldana, No. 16-CR-00116 (D. Ida)

  • Govt says BOP and case manager reviewed records and reported that BOP had no record of request, defendant responded with copy of email

United States v. Resnick, 2020 WL 1651508, at *5 (S.D.N.Y. Apr. 2, 2020)

  • Request submitted on or about February 26, 2020. It was not stamped received by the warden’s office until March 16, 2020

United States v. Trent, 2020 WL 1812214, at *1 (N.D. Cal. Apr. 9, 2020)

  • “The Government also argues that Trent failed to exhaust his administrative remedies. But that argument relies entirely on the BOP’s representation that it cannot confirm that Trent submitted an earlier request for compassionate release. Trent represents that he did submit such a request. Confronted with the conflicting evidence, the Court credits Trent’s representation, which is based on direct knowledge rather than failure to confirm the existence of a filing from over a month ago.”

United States v. Bess, 2020 WL 1940809, at *2 (W.D.N.Y. Apr. 22, 2020)

  • Court “finds that the request was submitted on April 8, 2020” even though Government claimed it was not received until a week later

United States v. Turner, No. 2:17-cr-000132 (E.D. Pa)

  • BOP told the government no records, as told by social worker, defendant provided proof and the government conceded

United States v. Webster, 2020 WL 618828, at *4 (E.D. Va. Feb. 10, 2020)

  • Defendant submitted his request to the BOP staff.


United States v. Donnes, No. CR 16-12-BLG-SPW, 2021 WL 4290679, at *1 (D. Mont. Sept. 21, 2021)

  • Inmate released while on CARES Act home confinement, numerous medical conditions
  • Cite risk of being sent back to prison based on OLC memo
  • Cites “sheer difficulty of maintaining his numerous prescriptions and coordinating medical appointments and tests through BOP while also maintaining his in-home medication regimen. Although these issues are logistical, they have serious implications for Donnes’ health and safety.”

United States v. Cleveland, 2020 WL 5057651, at *1 (S.D. Ohio Aug. 27, 2020)

  • At halfway house, one count of felon in possession of firearm
  • “As a special condition of supervision, the Court ordered Defendant to serve 4 months at the Alvis House and 4 months of home confinement”
  • Had spleen removed, wants to serve sentence in home confinement
  • Government does not oppose

United States v. Salvagno, 5:02-CR-0051 (LEK) (N.D.N.Y. August 5, 2020)

  • Exhaustion
  • Served 183 of 235 months, release date December 2021
  • On home confinement since December 2019, no longer manageable under current living conditions
  • Case manager on his side, no issue exhaustion

United States v. West, 1:17-cr-390-AT-1 (N.D. Ga., March 30, 2020), Dkt. 53

  • “BOP’s somewhat restrictive definitions of compassionate release under its January 2019 policy”
  • At-risk, and will place others at risk, including staff members at serious risk
  • Positive cases at Arizona RRC
  • Warranted whether in prison or halfway house
  • Only had a few months left

United States v. Garcia-Zuniga, 2020 WL 3403070, at *2 (S.D. Cal. June 19, 2020)

  • Defendant argues that extraordinary and compelling reasons for a modification exist because: (1) despite the court’s recommendation, she did not have the opportunity to participate in the MINT program; (2) she has remained at GEO for most of her pretrial detention; (3) she was returned to GEO soon after giving birth and has not seen or held her infant child since; (4) the COVID-19 pandemic has led to lockdown of all federal facilities and a discontinuation of social visitation and programming; (5) transfers between BOP facilities after sentencing are indefinitely suspended; and (6) the court imposed a split sentence for her codefendant, Anahi Angulo, who will soon be placed in an RRC because of the structure of her sentence.
  • Holding “congressional intent – specifically with respect to § 3582(c)(1)(A) – supports providing federal courts discretion to determine whether § 3582(c) movants have established extraordinary and compelling reasons justifying compassionate release, 1B1.13
  • Not in BOP custody, at GEO facility

United States v. Campagna, 2020 WL 1489829 (S.D.N.Y. Mar. 27, 2020)

  • Was in RCC

United States v. Jepsen, 2020 WL 1640232 (D. Conn. Apr. 1, 2020)

  • Waiving exhaustion
  • Immunocompromised defendant with 8 weeks left to serve in light of severe risks posed by COVID-19
  • Halfway house
  • Government does not object

United States v. McPherson, 3:94-cr-5708, Dkt. No. 209 (W.D. Wash. Apr. 14, 2020)

  • Releasing defendant serving astronomical sentence on stacked § 924(c) based on injustice of sentence and risk factors for COVID-19, noting that no “civilized society” could permit continued incarceration under these circumstances

United States v. Wen, 2020 WL 1845104 (W.D.N.Y., April 13, 2020)

  • 48 year old with asthma, shortness of breath, sinusitis
  • Eligible for home confinement in July 2020, release date October 2020
  • RCC Hope Village, inmate was there

United States v. Connell, 2020 WL 2315858 (ND Cal. May 8, 2020)

  • Releasing inmate slated to go to RCC June 9, 2020

United States v. Gamboa, 2020 WL 3091427, at *1 (D.N.M. June 11, 2020)

  • May 13, 2020, the BOP placed Defendant in home confinement
  • 120-month sentence and 60-month consecutive for 180 months, began sentence May 2010, projected release is February 2023
  • Rectal abscess, Crohn’s disease, immunosuppressant meds
  • Rejects government’s argument that him in HC makes this moot


United States v. Monroy, 2020 WL 7342735, at *1 (N.D. Cal. Dec. 14, 2020)

  • 156 months for drugs and firearm, has served 110 months
  • 69 years old, hypertension, hyperlipidemia, neutropenia, reflux
  • Unopposed, will be deported

United States v. Reyes-De La Rosa, 2020 WL 3799523, at *1 (S.D. Tex. July 7, 2020)

  • 46-month sentence, due to be deported, release date March 30, 2021
  • FCI Oakdale, hepatitis C

United States v. Davis, 2020 WL 3843682 (D. Conn.

  • FCI Schuykill, release date December 2020
  • Obesity, prediabetes
  • Government does not oppose

United States v. Powell, No. 1:94-cr-316-ESH, Dkt. No. 98 (D.D.C. Mar. 28, 2020)

  • granting unopposed motion for compassionate release in light of COVID-19
  • Waiving exhaustion, finding it “would be futile” to require defendant to first exhaust in light of open misdemeanor case
  • 55-year-old with sleep apnea and asthma
  • 3 months left on 262-month sentence
  • Recognizes futility exception to exhaustion

United States v. Johnson, 2020 WL 3316221, at *1 (D. Md. June 17, 2020)

  • Johnson’s asthma and the associated risk of serious complications due to COVID-19 creates an extraordinary and compelling reason warranting compassionate relief
  • Government consents
  • Release October 2020

United States v. Holmers, 2020 WL 3036598, at *1 (D. Minn. June 5, 2020)

  • Unopposed
  • 42 years old, “Elevated body mass index, and that he suffers from high blood pressure, hypothyroidism, sleep apnea, anxiety, and depression”
  • Eligible for halfway house in 6 months, 120 months sentence
  • FCI Oxford
  • “Combination of conditions will reasonably ensure the safety of the community”

United States v. Oreste, Case No. 1:14-cr-20349-RNS-1, Dkt. No. 200 (S.D. Fla. Apr. 6, 2020)

  • Unopposed motion
  • 60 months into 100-month sentence, release date June 2022
  • Renal failure, heart failure, respiratory illnesses, heart surgery in January 2017 following heart attack

United States v. Campagna, 2020 WL 1489829 (S.D.N.Y. Mar. 27, 2020)

United States v. Hernandez, No. 18-cr-20474, Dkt. No. 41 (S.D. Fla. Apr. 2, 2020)

  • granting unopposed motion for compassionate release for defendant with cancer & immunosuppression and just under 12 months left to serve on 39-month sentence);

United States v. Clagett, Case No. 2:97-cr-265-RSL, Dkt. No. 238 (W.D. Wash. Apr. 9, 2020)

  • stipulated motion
  • 70 years old, diabetes, hypertension, coronary artery, Butner, BOP agreed

United States v. Gentry, 2:19-cr-00078-CCC, Dkt. 98 (D.N.J., April 5, 2020)

  • Government letter to court acknowledging exhaustion because Gentry not yet in BOP custody

United States v. Handy, 2020 WL 2487371 (D. Conn., May 14, 2020)

  • RDAP counts towards time
  • Release date February 2021, sentenced to 150 months in November 2011
  • Talks about his course work and being a good student; RDAP was rescinded
  • 53 years old, congestive heart failure, hypertension, obesity, “chronic knee issues for which he receives immunosuppressant steroid injections”
  • At Wyatt Detention Center, “dozens of confirmed COVID cases”
  • Government does not object


United States v. Jones, 2020 WL 7261090, at *1 (E.D. Tex. Dec. 10, 2020)

  • FCI Ashland
  • Child pornography, 168 months, has served 10 years
  • 79 years old, has served more than 75%
  • Denied home confinement based on sex offense
  • Stroke, leukemia, lymphonic
  • Although COVID-19 is not a basis for a sentence reduction, Defendant does assert that he is over 65 years old who “is experiencing a serious deterioration in physical or mental health because of the aging process” and “has served at least 10 years or 75 percent of his or her term of imprisonment, whichever is less.” The Court finds that Defendant meets this requirement.
    • Elderly offender, other prong of 3582(c)

United States v. Rodriguez, 2020 WL 5810161, at *3 (S.D.N.Y. Sept. 30, 2020)

  • Grants reduction to 30 years, not immediate release
  • Three reasons– COVID-19 and pre-existing conditions, nature of time served to date, “the pandemic, aside from posing a threat to Rodriguez’s health, has made Rodriguez’s incarceration harsher and more punitive than would otherwise have been the case. This is because the federal prisons, as “prime candidates” for the spread of the virus…have had to impose onerous lockdowns and restrictions that have made the incarceration of prisoners far harsher than normal. For someone with Rodriguez’s health profile, the risk of suffering severe health consequences if he contracts COVID-19, coupled to the severe conditions imposed by the concomitant lockdowns and restrictions that are necessary to ensure Rodriguez’s safety, means that “the actual severity of [Rodriguez’s] sentence as a result of the COVID-19 outbreak exceeds what the Court anticipated at the time of sentencing.”
  • Total rehabilitation is third reason
    • But as the Second Circuit recognized in last Friday’s decision, while rehabilitation “alone” is insufficient, it can “interact with the present coronavirus pandemic” to create an extraordinary and compelling reason for a sentence reduction.
    • 27 letters from prison staff
  • 3553(a) – finds a reduction to time served would not do, but 30 years would

United States v. Lopez, 2020 WL 6298061 (D. Haw. Oct. 27, 2020)

  • Reduced to time served for inmate sentenced to life in 1998
  • Cites extraordinary rehabilitation
  • “[R]ightly or wrongly, this country’s criminal justice system is premised on the idea that a person can—and hopefully will—change after several years locked in prison.” United States v. Ledezma-Rodriguez, No. 3:00-CR-00071, 2020 WL 3971517, at *6 (S.D. Iowa July 14, 2020). “The BOP tries to facilitate this through classes, case managers, reentry programs, time credits, and security classifications,” which Lopez has taken full advantage of. Id. That, together with his spiritual and moral transformation, “appears to offer a success story that cuts in favor of extraordinary and compelling reasons supporting release.
  • Cites youth at time of offense, will be deported

BOP Historically Reluctant

Until 2013, on average, “only [twenty-four] inmates were released each year.” Hearing on Compassionate Release and the Conditions of Supervision Before the U.S. Sentencing Comm’n (2016) (statement of Michael E. Horowitz, Inspector General, Dep’t of Justice). That number increased to eighty-three inmates between August 2013 and September 2014 following complaints to the BOP from the Inspector General’s office. Id. Since Congress still amended the program following this increase, one can infer Congress thought eighty-three was still insufficient. Because rather than “effectively ratif[ying]” the BOP’s position, Congress sought to overturn it by statute. Brown & Williamson Tobacco Corp., 529 U.S. at 144, 120 S.Ct. 1291.

The Act listed these changes under the title of “Increasing the Use and Transparency of Compassionate Release.” § 603(b), 132 Stat. at 5239. That title is “especially valuable” here. Yates, 135 S. Ct. at 1090. The Court assumes the BOP Director faithfully executes the narrowly drawn policy and program statements related to compassionate release. Therefore, the only way direct motions to district courts would increase the use of compassionate release is to allow district judges to consider the vast variety of reasons that may be “extraordinary and compelling.”

United States v. Williams and Austin, 2020 WL 6940790, at *1 (N.D. Ill. Nov. 25, 2020)

  • Williams and Austin have served approximately fourteen years of their fifty-seven year sentences
  • Big Sandy, FCI Pollock
  • Have served 14 years of 57-year sentences for armed bank robbery

Tom Church - Tom is a trial and appellate lawyer focusing on criminal defense and civil trials. Tom is the author of "The Federal Docket" and is a contributor to Mercer Law Review's Annual Survey in the areas of federal sentencing guidelines and criminal law. Tom graduated with honors from the University of Georgia Law School where he served as a research assistant to the faculty in the areas of constitutional law and civil rights litigation. Read Tom's reviews on AVVO. Follow Tom on Linkedin.

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