U.S. v. Martin

Dist. Ct. did not err in denying defendant’s motion for compassionate release from his 43-month sentence under 18 USC section 3582(c)(1)(A)(i). Record showed that at time defendant made instant motion, his direct appeal of his sentence was still pending and had raised issues as to whether Dist. Ct. had adequately considered defendant’s prior COVID-19 infection and whether prison where defendant is currently serving his sentence was torturing him and failing to provide sufficient medical care for his mental issues and chronic pain. While defendant asserts that Dist. Ct. was biased against him because it found that he had made rap song that had threatened confidential informant, and that defendant’s health did not justify lower sentence, defendant’s argument did not establish bias, where adverse rulings, alone, are insufficient to prove bias. Moreover, defendant’s arguments did not justify granting his motion for compassionate release. Also, defendant could use motion for compassionate release to challenge any potential error in his direct appeal of his sentence.