Dist. Ct. did not err in denying defendant’s request for compassionate release under 18 USC section 3582(c)(1)(A)(i), as amended by section 603 of First Step Act, even though defendant argued that his diabetes, hypertension and obesity placed him at significant risk of contracting COVID-19 while incarcerated in prison. While defendant asserted that that Dist. Ct.’s brief explanation for its denial that referred to section 3553(a) factors that included his extensive criminal history, nature of underlying offense and fact that he had served only small portion of his sentence was insufficient to justify denial of his request, defendant failed to establish, because of widespread availability of COVID-19 vaccines, that he would be more at risk of adverse outcome in prison than he would be if released.
Federal 7th Circuit Court
Criminal Court
Sentencing