U.S. v. Sarno

Dist. Ct. did not err in denying defendant’s motion for compassionate release based upon his immobility issues, as well as his respiratory disease, obesity, hypertension and kidney dysfunction. Dist. Ct. assumed that defendant’s medical condition qualified as extraordinary and compelling reason to grant compassionate release, and record showed that defendant had received 25-year sentence in 2010 on racketeering and gambling charges that involved use of pipe bomb on competitor’s facility. Dist. Ct. could properly deny instant request based on section 3553(a) factors that included finding that cutting defendant’s sentence would deprecate seriousness of his offenses, undermine respect for law, ignore his extensive criminal history and pose danger to public. Ct. rejected defendant’s claim that he posed no danger to public due to his medical condition, where defendant still had ability to recruit others to carry out criminal acts as he had done in underlying convictions. Also, fact that defendant was unable to communicate with counsel during period of time after Dist. Ct. had hearing on instant request and prior to Dist. Ct. rendering its decision on matter did not require different result under plain error standard, where defendant could not establish reasonable probability that information he would have told his counsel would have changed Dist. Ct.’s ruling.