Dist. Ct. did not err in denying defendant’s request for compassionate release or transfer to home confinement from his 60-month term of incarceration on charge of weapons trafficking, even though defendant asserted that his underlying heart and diabetes conditions in combination with COVID-19 pandemic constituted extraordinary and compelling reasons to support his request for release from prison. While Dist. Ct. and government stipulated that defendant’s health concerns were extraordinary and compelling, section 3553(a) factors weighed against his release from prison, because: (1) weapons trafficking charge, which concerned sale of firearms having large-capacity magazines, was serious crime; and (2) defendant had served only 19 months out of 60-month sentence. Also, Dist. Ct. appropriately failed to act on defendant’s alternative request for transfer to home confinement, since Dist. Ct. lacked authority to change defendant’s place of imprisonment.
Federal 7th Circuit Court
Criminal Court
Sentencing