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April 3, 2020

Pleased to see growing number of COVID-influenced grants of sentence reductions using § 3582(c)(1)(A)

As highlighted in this post from just two days ago, earlier this week I had only found a handful of court decisions granting sentence reductions using § 3582(c)(1)(A) because of the "extraordinary and compelling" public health crisis created by COVID-19.  But, as the reports of positive COVID-19 cases and even deaths grow in the federal prisons system, so too are the the COVID-influenced grants of sentence reductions using § 3582(c)(1)(A).  Here are some sentence reduction orders I found on Westlaw and via emails from just the past few days:

United States v. Jepsen, No. 3:19-cv-00073(VLB), 2020 WL 1640232 (D. Conn. Apr. 1, 2020) ("Mr. Jepsen is in the unique position of having less than eight weeks left to serve on his sentence, he is immunocompromised and suffers from multiple chronic conditions that are in flux and predispose him to potentially lethal complications if he contracts COVID-19, and the Government consents to his release.  The Court finds that the totality of the circumstances specific to Mr. Jepsen constitute 'extraordinary and compelling'reasons to grant compassionate release.")

United States v. Williams, No. 3:04cr95/MCR (ND Fla. Apr. 1, 2020) (download here) ("Williams' cardiovascular and renal conditions compromise his immune system, which, taken with his advanced age, put him at significant risk for even more severe and life threatening illness should he be exposed to COVID-19 while incarcerated.... Based on these facts, the Court finds that Williams’ deterioration in physical health is sufficiently serious to satisfy the medical criteria for a reduction in sentence."): Download US v. Andre Williams (ND FL 4.1.20)

United States v. Resnik, No. 1:12-cr-00152-CM (SDNY Apr. 2, 2020) (download here) ("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"): Download Resnick covid order  (Now also at 2020 WL 1651508).

United States v. Brannan, No. 4:15-CR-80-01 (SD Tx. Apr. 2, 2020) (download here) (though not reflected in order, emergency motion was granted on same day of filing for prisoner who had served only 9 months of a 36-month sentence for fraud at FCI Oakdale and had not exhausted BOP remedies): Download 15cr80 Order for Compassionate Release

United States v. Colvin, No. 3:19cr179 (JBA), 2020 WL 1613943 (D. Conn. Apr. 2, 2020) ("She has diabetes, a 'serious ... medical condition,' which substantially increases her risk of severe illness if she contracts COVID-19.... Defendant is 'unable to provide self-care within the environment of' FDC Philadelphia in light of the ongoing and growing COVID-19 pandemic because she is unable to practice effective social distancing and hygiene to minimize her risk of exposure, and if she did develop complications, she would be unable to access her team of doctors at Bridgeport Hospital. In 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, where she will quarantine herself.")

United States v. Foster, No. 1:14-cr-324-02 (MD Pa. Apr. 3, 2020) (download here) ("The circumstances faced by our prison system during this highly contagious, potentially fatal global pandemic are unprecedented. It is no stretch to call this environment 'extraordinary and compelling,' and we well believe that, should we not reduce Defendant’s sentence, Defendant has a high likelihood of contracting COVID-19 from which he would “not expected to recover.” USSG § 1B1.13. No rationale is more compelling or extraordinary."): Download MDPa Foster JonesJ MemOrd GrantRIS e040320

As I have said before, I am fairly confident that this list does not represent all, and I hope it does not even capture most, of the sentence reductions granted by federal district courts in the last few days.  Readers are encouraged to use the comments or to send me emails to supplement this list as new ruling are handed down or become available.

Prior recent related posts:

UPDATE: Here are a few more sentence reductions granted by federal district courts in the last few days that just showed up online or were sent my way:

United States v. Edwards, No. 6:17-cr-00003, 2020 WL 1650406 (D. Conn. Apr. 2, 2020) ("Defendant presented a strong case for compassionate release on account of his incurable brain cancer even before the outbreak of the COVID-19 pandemic. But Defendant's request was further substantiated with a particularized showing that he is susceptible to contracting COVID-19, and that he is at high risk if he contracts it. The Court finds that Defendant has demonstrated an extraordinary and compelling reason for his compassionate release.")

United States v. Zukerman, No. 16 Cr. 194 (AT) (SDNY Apr. 3, 2020) (download here) ("First, the Court holds that Zukerman’s exhaustion of the administrative process can be waived in light of the extraordinary threat posed — in his unique circumstances — by the COVID-19 pandemic.  Second, although the sentence imposed on Zukerman was wholly warranted, the Court holds that the threat posed by COVID-19, in light of his age and medical status, constitutes an extraordinary and compelling reason to modify Zukerman’s sentence.") Download Order granting Zukerman reqest for compassionate release

April 3, 2020 at 03:40 PM | Permalink


Hi, My name is Lizz, your sight is very helpful in finding cases and for information. I have a dear friend who is a federal inmate at Yazoo City Correctional Complex in Yazoo City, Mississippi. We are preparing for a rebuttal pro se for the compassionate release motion filed I have been searching all morning for a copy of this case mentioned on APril 15. US v. McPherson, No. CR94-5708RJB, 2020 WL 1862596 (WD Wash. Apr. 14, 2020) by any chance do you have a link to this case? and would you mind posting it or sending it to me.
Warmest Regards and Sincerest Thanks,

Posted by: Lizz (Melissa) D Gatlin | May 27, 2020 2:35:19 PM

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