Dist. Ct. did not err in denying defendant’s motion seeking compassionate release under 18 USC section 3582(c)(1)(A), even though defendant argued that his asthma and its immunosuppressing corticosteroid treatment put him at risk for serious illness if he contracted COVID-19. Court decisions in Broadfield, 5 F.4th 801, and Ugbah, 4 F4th 595, allow prisoners to show that they may obtain compassionate release if they can show that they are unable to receive or benefit from COVID-19 vaccine or that they remain vulnerable to severe infection, notwithstanding vaccine. However, while defendant was not given opportunity to make such showing in Dist. Ct., defendant failed to explain to Court of Appeals why he could not benefit from COVID-19 vaccine. As such, availability of COVID-19 vaccine made it impossible for defendant to show that risk of contracting COVID-19 was extraordinary and compelling reason for immediate release as required under section 3582(c)(1)(A).
Federal 7th Circuit Court
Criminal Court
Sentencing