Dist. Ct. did not abuse its discretion in denying defendant’s motion for compassionate release under 18 USC section 3582, where defendant based his request on his pre-diabetes and rheumatoid arthritis, together with COVID-19 pandemic. Medical records indicated that defendant did not have any diagnosis of rheumatoid arthritis, and that his pre-diabetes was not severe. Moreover, CDC did not recognize either condition as increasing person’s risk of severe illness from COVID-19. Also, government waived argument that Dist. Ct. improperly appointed counsel to represent defendant in instant compassionate release request, since it never objected to said appointment in Dist. Ct. Too, record showed that appointment was made pursuant to administrative order, and as such, government could only raise challenge to said appointment with Judicial Counsel of circuit.
Federal 7th Circuit Court
Criminal Court
Sentencing