Two more notable imprisonment reductions using § 3582(c)(1)(A), one for LWOP term and another to remedy BOP's "abysmal health care"

As regular readers know, ever since the passage of the FIRST STEP Act, I have been talking up 18 U.S.C. § 3582(c)(1)(A) as a critical and valuable new mechanism to reduce problematic prison sentences in any and every case in which a defendant presents "extraordinary and compelling reasons" supporting the reductions.  Earlier this month, I posted here and posted here two notable examples of judges finding notable reasons sufficient to reduce a sentence while making clear that the new FIRST STEP Act allows a judge broad authority to "determine whether any extraordinary and compelling reasons" justified a reduction in a prison term.  US v. Cantu, No. 1:05-CR-458-1, 2019 WL 2498923 (S.D. Tex. June 17, 2019) (finding extraordinary that government urged release to home confinement); see also US v. Cantu-Rivera, Cr. No. H-89-204, 2019 WL 2578272 (SD Tex. June 24, 2019) (finding FIRST STEP Act amendment of LWOP sentences supported finding of "extraordinary and compelling reasons").

Now I see that just late last week, at least two more district court issues two more important reductions in prison terms based on § 3582(c)(1)(A).  First, in US v. Johns, No. CR 91-392-TUC-CKJ, 2019 WL 2646663 (D. Ariz. June 27, 2019), a judge decided to reduce an LWOP drug conspiracy term because the defendant was 81 years old, now 81 years old, had served almost 23 years of his sentence and is "is rapidly deteriorating due to his age." Though an emphasis on old and and health is not unusual in this setting, I think the reduction of any federal LWOP sentence is noteworthy. 

Second, and even more interesting, US v. Beck, No. 1:13-CR-186-6, 2019 WL 2716505 (M.D.N.C. June 28, 2019).  In Beck, the judge authored a lengthy explanation for her reduction of the sentence to time served, and the start and conclusion provides an overview of the court's thinking:

Angela M. Beck is a federal prisoner serving a sentence for drug and firearms offenses.  She has cancer in her left breast and the Bureau of Prisons has not provided appropriate medical care for her disease, with repeated delays that have prevented her from timely obtaining urgent tests and treatment.  In the meantime, her cancer spread to her lymph nodes and possibly to her right breast.  Ms. Beck has filed a motion under the First Step Act of 2018 seeking immediate compassionate release.  Because Ms. Beck’s invasive cancer and BoP’s history of indifference to her treatment constitute extraordinary and compelling reasons, and because the § 3553(a) factors support a sentence reduction to time served, the motion for compassionate release will be granted....

Ms. Beck committed serious drug and firearms offenses with her husband in 2012 and 2013 that warrant substantial punishment.  She has served over six years of her sentence, nearly two of them with breast cancer treated so untimely as to significantly reduce her chances of survival.  Ms. Beck’s invasive cancer and the abysmal health care BoP has provided qualify as “extraordinary and compelling reasons” warranting a reduction in her sentence to time served.  See 18 U.S.C. 3582(c)(1)(A)(i).  While the old policy statement is not directly applicable to motions filed by defendants, a reduction is consistent with its general guidance and the Sentencing Commission’s intent.  With appropriate supervision, Ms. Beck poses little risk of recidivism or danger to the community.  She has already served an arduous sentence, and the § 3553 factors support a sentence reduction.  As such, Ms. Beck is entitled to compassionate release.

Just a few more remarkable stories made possible by the FIRST STEP Act.  I know many advocates hoped and wanted for the FIRST STEP Act to go a lot further and do a lot more.  But I continue to see a number of provisions of the Act as passed, particularly 18 U.S.C. § 3582(c)(1)(A) and a few other provisions, as have a whole lot of potential to do a whole lot of good if used well.  (Indeed, I am hoping folks hoping to get retroactive relief from recent SCOTUS decisions like Rehaif and Davis and Haymond come to see the power and potential of § 3582(c)(1)(A)(i).

A few prior related posts on § 3582(c)(1)(A) after FIRST STEP Act:

• Compassionate release after FIRST STEP: Should many thousands of ill and elderly federal inmates now be seeking reduced imprisonment in court? 
• Encouraging new reports about encouraging new compassionate release realities thanks to FIRST STEP Act
• Highlighting how judges can now bring needed compassion to compassionate release after FIRST STEP Act 
• Is anyone collecting and analyzing sentence reduction orders under § 3582(c)(1) since passage of the FIRST STEP Act?
• Good day for thinking hard about sentencing second looks and second chances
• New District Court ruling confirms that "any extraordinary and compelling reasons" can now provide basis for reducing imprisonment under 18 U.S.C. § 3582(c)(1)(A) 
• District Court finds statutory sentence reform among "extraordinary and compelling reasons" for reducing LWOP sentence under 18 U.S.C. § 3582(c)(1)(A)