U.S. v. Gunn

Dist. Ct. erred in denying defendant’s motion for compassionate release under 18 USC section 3582(c)(1)(A) from her sentence that would ordinarily end in March of 2024, where plaintiff alleged that her early release was warranted due to her age of 62 years and medical condition that subjected her to extra risks should she contract COVID-19 while in prison. While Dist. Ct. found that language in section 3582(c)(1)(A) prevented judges from granting compassionate release at request from prisoner where Sentencing Commission has not updated its policy statements to implement First Step Act, Ct. of Appeals found that applicable language in section 3582(c)(1)(A) did not curtail Dist. Ct.’s discretion to grant plaintiff’s request for compassionate release that comports with substantive aspects of Sentencing Commission’s analysis in section 1B1.13 of USSG that provides working definition of “extraordinary and compelling reasons.” As such, defendant was entitled to remand for determination of her request on merits under said statutory standard.