Filed: Jun. 20, 2019
Latest Update: Jun. 20, 2019
Summary: ORDER JOHN M. GERRARD , Chief District Judge . This matter is before the Court on the defendant's motion for compassionate release (filing 133). The government has advised the Court that the motion is unopposed. Having considered the defendant's evidence, the Court will grant the motion. Pursuant to 18 U.S.C. 3582(c)(1)(A), a defendant may (after exhausting his administrative remedies) move for reduction of his term of imprisonment based upon "extraordinary and compelling reasons." The C
Summary: ORDER JOHN M. GERRARD , Chief District Judge . This matter is before the Court on the defendant's motion for compassionate release (filing 133). The government has advised the Court that the motion is unopposed. Having considered the defendant's evidence, the Court will grant the motion. Pursuant to 18 U.S.C. 3582(c)(1)(A), a defendant may (after exhausting his administrative remedies) move for reduction of his term of imprisonment based upon "extraordinary and compelling reasons." The Co..
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ORDER
JOHN M. GERRARD, Chief District Judge.
This matter is before the Court on the defendant's motion for compassionate release (filing 133). The government has advised the Court that the motion is unopposed. Having considered the defendant's evidence, the Court will grant the motion.
Pursuant to 18 U.S.C. § 3582(c)(1)(A), a defendant may (after exhausting his administrative remedies) move for reduction of his term of imprisonment based upon "extraordinary and compelling reasons." The Court, after considering the factors enumerated in 18 U.S.C. § 3553(a), may grant the motion if extraordinary and compelling reasons warrant the reduction, and such a reduction is consistent with applicable policy statements issued by the Sentencing Commission. Id. And pursuant to U.S.S.G. § 1B1.13(2), the Court must also find that the defendant is not a danger to the safety of any other person or to the community.1
Pursuant to § 1B1.13, "extraordinary and compelling reasons" include the medical condition of the defendant, when:
The defendant is suffering from a terminal illness (i.e., a serious and advanced illness with an end of life trajectory). A specific prognosis of life expectancy (i.e., a probability of death within a specific time period) is not required. Examples include metastatic solid-tumor cancer, amyotrophic lateral sclerosis (ALS), end-stage organ disease, and advanced dementia.
Id., cmt. n.1(A)(i). The uncontested evidence, discussed in more detail in the defendant's brief, meets that definition. See filing 133-1. Mr. Reed is due to be released in a little over a year, but is unlikely to live that long. See filing 133 at 9. The uncontested evidence also establishes that the defendant, due to his medical condition if nothing else, represents no danger to others. See filing 133 at 8-9. And the Court, having considered the factors set forth in § 3553(a), finds that reduction of the defendant's sentence is appropriate.2 Accordingly,
IT IS ORDERED:
1. The defendant's unopposed motion for compassionate release (filing 133) is granted.
2. The defendant's sentence is reduced to time served.
3. An amended judgment will be entered.
