J. Michael Seabright, Chief United States District Judge

Mark A. Inciong, Office of the United States Attorney, Honolulu, HI, for Plaintiff.

ORDER GRANTING DEFENDANT'S MOTION TO REDUCE SENTENCE PURSUANT TO 18 U.S.C. 3582(c)(1)(A)(i) (COMPASSIONATE RELEASE), ECF NO. 383

J. Michael Seabright, Chief United States District Judge

I. INTRODUCTION

Defendant William Caminos ("Defendant") moves, pursuant to 18 U.S.C. § 3582(c)(1)(A)(i), for compassionate release from Federal Correctional Institution ("FCI") Sheridan due to multiple and deteriorating health issues and consideration of Government error that precluded him from benefitting from substantial assistance following sentencing. ECF No. 383. The court decides the motion without a hearing under Local Rule 7.1(c). Based on the following, the motion is GRANTED.

II. BACKGROUND

On May 16, 2007, Defendant pled guilty to Count I of the Third Superseding Indictment charging conspiracy to distribute and possess with intent to distribute 50 grams or more of methamphetamine. ECF Nos. 225, 226; see also ECF No. 196. On December 10, 2007, this court sentenced Defendant to a term of 235 months imprisonment, and five years of supervised release. ECF No. 296.

On May 21, 2020, Defendant, represented by the Office of the Federal Public Defender for the District of Hawaii, filed the instant motion for compassionate release, seeking an immediate sentence reduction to time served. ECF No. 383 at PageID #2687. On June 12, 2020, the Government filed its Response, and on June 19, 2020, it filed a Status Report. ECF Nos. 388, 390.

Defendant is 54 years old and contends that he fits the criteria for release because (1) he suffers from numerous, worsening health issues, (2) he would likely be released from BOP custody now if the Government's motion for sentence reduction based on substantial assistance had not been denied for being filed a day late, (3) he has completed numerous educational and drug programs while incarcerated, and (4) he has already served at least 168 months in prison and is scheduled for release in two and a half years. See ECF No. 383-1 at PageID #2690-93, 2699-702; Ex. E, ECF No. 383-7; see also https://www.bop.gov/inmateloc/ (last visited July 13, 2020) (indicating Defendant's release date as December 31, 2022).

According to Defendant, he submitted a request for compassionate release to the FCI Sheridan warden on April 15, 2020. See Ex. A, ECF No. 383-3 at PageID #2706. As of May 19, 2020, Defendant had not received a response to that request. See id. at PageID #2708.

III. DISCUSSION

Defendant moves for compassionate release under 18 U.S.C. § 3582(c)(1)(A), as amended by the First Step Act of 2018, which provides in pertinent part:

[T]he court, upon motion of the Director of the Bureau of Prisons, or upon motion of the defendant after the defendant has fully exhausted all administrative rights to appeal a failure of the Bureau of Prisons to bring a motion on the defendant's behalf or the lapse of 30 days from the receipt of such a request by the warden of the defendant's facility, whichever is earlier, may reduce the term of imprisonment ... after considering the factors set forth in [ 18 U.S.C.] section 3553(a) to the extent that they are applicable, if it finds that—

(i) extraordinary and compelling reasons warrant such a reduction;

....

and that such a reduction is consistent with applicable policy statements issued by the Sentencing Commission[.]

A. Exhaustion

The Government concedes that more than thirty days have passed since Defendant submitted his request for compassionate release to the FCI Sheridan warden and therefore, the motion is properly before this court. ECF No. 388 at PageID #2914. Thus, the court turns to addressing the merits of Defendant's motion.

B. Defendant Meets the Criteria for Compassionate Release

The United States Sentencing Commission's policy statement, United States Sentencing Guideline ("USSG") § 1B1.13, provides that the court may grant a motion for compassionate release only if, after consideration of the applicable § 3553(a) factors, the court determines that extraordinary and compelling reasons exist to warrant a sentence reduction, the defendant is not a danger to another person or to the community, and a sentence reduction is consistent with the policy statement. Given this framework, the court first addresses the § 3553(a) factors and then whether there are extraordinary and compelling reasons for sentence reduction.

1. Section 3553(a) Factors

First, as to the "history and characteristics of the defendant," 18 U.S.C. § 3553(a)(1), Defendant has multiple prior convictions for drug promotion, carrying a firearm without a permit, robbery, kidnapping, unauthorized control of a vehicle, attempted theft, terroristic threatening, and assault. See Presentence Investigation Report ("PSR") ¶¶ 53, 57-60, ECF No. 391 at PageID #2938-39, 2941. As a result, Defendant was classified at the time of sentencing as a "career offender" under USSG § 4B1.1. PSR ¶¶ 53, ECF No. 391 at PageID #2938. In addition, Defendant committed the instant offense while under parole supervision for two prior convictions. PSR ¶ 62, ECF No. 391 at PageID #2941.

However, the court also recognizes, and the Government concedes, that after being sentenced, Defendant provided substantial assistance to the Government, and that due to Government error, Defendant did not receive the requested twenty-five-month sentence reduction for that assistance. See ECF No. 383 at PageID #2689-90, 2701; ECF No. 388 at PageID #2917 (conceding that the Government's error "alone could well serve as a ... § 3553 factor which would favor Defendant's sentence be reduced to time served"); ECF No. 359 at PageID #2620-21. And the court further recognizes that Defendant has been incarcerated for just over fourteen years, and while incarcerated, has worked to improve and rehabilitate himself by completing educational and drug programs. See ECF No. 383-1 at PageID #2701; ECF No. 383-7 at PageID #2723-24. Finally, Defendant has maintained strong family support resulting in a plan for him to live with his wife, adult daughters, and granddaughter upon release. See ECF No. 383-8 at PageID # 2726.

Second, as to "the nature and circumstances of the offense," 18 U.S.C. § 3553(a)(1), Defendant was a significant distributor of methamphetamine between 2004 and 2005—he admitted to distributing 150 pounds of methamphetamine. See PSR ¶ 7, 43, ECF No. 391 at PageID #2930.

2. Defendant Has Demonstrated Extraordinary and Compelling Reasons For Release

Section § 1B1.13 provides three specific examples of extraordinary and compelling reasons for release, along with a fourth, catch-all provision granting discretion to the BOP Director:

(A) Medical Condition of the Defendant.

(i) The defendant is suffering from a terminal illness (i.e., a serious and advanced illness with an end of life trajectory). A specific prognosis of life expectancy (i.e., a probability of death within a specific time period) is not required. Examples include metastatic solid-tumor cancer, amyotrophic lateral sclerosis (ALS), end-stage organ disease, and advanced dementia.

(ii) The defendant is

(I) suffering from a serious physical or medical condition,

(II) suffering from a serious functional or cognitive impairment, or

(III) experiencing deteriorating physical or mental health because of the aging process,

that substantially diminishes the ability of the defendant to provide self-care within the environment of a correctional facility and from which he or she is not expected to recover.

(B) Age of the Defendant. The defendant (i) is at least 65 years old; (ii) is experiencing a serious deterioration in physical or mental health because of the aging process; and (iii) has served at least 10 years or 75 percent of his or her term of imprisonment, whichever is less.

(C) Family Circumstances.

(i) The death or incapacitation of the caregiver of the defendant's minor child or minor children.

(ii) The incapacitation of the defendant's spouse or registered partner when the defendant would be the only available caregiver for the spouse or registered partner.

(D) Other Reasons. As determined by the Director of the Bureau of Prisons, there exists in the defendant's case an extraordinary and compelling reason other than, or in combination with, the reasons described in subdivisions (A) through (C).

USSG § 1B1.13 n.1. In a detailed analysis, this court determined that the "discretion to determine whether ‘other’ extraordinary and compelling reasons exist granted by [subsection (D) ] to the BOP Director applies equally to the court when ruling on motions for compassionate release." United States v. Hernandez , 2020 WL 3453839, at *4 (D. Haw. June 24, 2020). The court incorporates that analysis here.

Defendant contends that his deteriorating medical condition constitutes an extraordinary and compelling reason for release. See § 1B1.13. The court agrees.

Defendant suffers from numerous serious and deteriorating medical conditions, including dental caries extending into dentine, pulpal necrosis, dermatitis /eczema, stimulant related disorder—amphetamine type substance, mononeuropathy of upper limb, presbyopia, primary hypertension, gastro-esophageal reflux disease, bacterial gastrointestinal issues, severe cluster headaches, chronic sinusitis, and shoulder pain. See ECF No. 383-1 at PageID #2690-93, 2699-700; ECF Nos. 384, 385 (medical records). According to Defendant, he takes various medications, ECF No. 383-1 at PageID #2693, but many of his medical conditions are unresolved, ECF No. 383-5 at PageID #2711-20. That is, although Defendant receives frequent, ongoing medical treatment, see ECF Nos. 384, 385, he continues to suffer from numerous serious health issues that, at a minimum, cause him to suffer intolerable head pain, and which prevent him from being able to get the sleep he needs to care for himself, see ECF No. 383-5 at PageID #2711-20.

Given Defendant's numerous, deteriorating serious health conditions, the court finds that extraordinary and compelling reasons exist, pursuant to § 1B1.13 n.1(A)(ii) and/or (D), to warrant a sentence reduction. The court further finds that consideration of the applicable § 3553(a) factors supports release, and that given Defendant's positive programming in prison, strong family support, and deteriorating health issues, he is not likely to present a danger to the community. Thus, the court finds that Defendant satisfies the criteria for compassionate release and reduction of his sentence to time served.

IV. CONCLUSION

For the foregoing reasons, Defendant's motion for compassionate release, ECF No. 383, is GRANTED. It is further ordered that:

1. Defendant's sentence of incarceration is reduced to time served plus 3 days.

2. Upon release from custody, Defendant shall commence serving his 5-year term of supervised release as previously imposed; and shall abide by all mandatory, standard, and special conditions as approved and ordered by the Court on July 13, 2020, ECF No. 394.

3. Upon arrival to the District of Hawaii, Defendant is ordered to remain in self-quarantine at his residence for a period of 14 days as required by the State of Hawaii.

IT IS SO ORDERED.