Opinion
CASE NO. CR16-0138-BLW-JCC
2020-05-19
UNITED STATES of America, Plaintiff, v. James Lowell DORSEY, Defendant.
ORDER
John C. Coughenour, UNITED STATES DISTRICT JUDGE
This matter comes before the Court on Defendant James Lowell Dorsey's emergency motion for compassionate release (Dkt. No. 90). Having thoroughly considered the parties' briefing and the relevant record, the Court finds oral argument unnecessary and hereby GRANTS the motion for the reasons explained herein.
I. BACKGROUND
Mr. Dorsey is a retired corrections officer with the Idaho Department of Corrections who pled guilty to conspiracy to distribute methamphetamine. (Dkt. Nos. 47 at 2, 59 at 13). In June 2016, he was apprehended in Las Vegas with over 5,000 grams of the drug and a loaded handgun. (Dkt. No. at 59 at 6.) On March 15, 2017, the Court sentenced him to the mandatory minimum of 120 months in prison and five years of supervised release. (Dkt. Nos. 81, 83.)
Mr. Dorsey is currently incarcerated at FCI Florence in Fremont County, Colorado. (See Dkt. No. 93 at 7.) He is 63 years old and has chronic health conditions, including congestive heart failure, high blood pressure, obesity, and type II diabetes. (Dkt. No. 59 at 14.) He uses an inhaler to breathe and takes multiple medications. (Id. at 15.) In his presentence report, he stated that he had early indications of Alzheimer's disease. (Id. at 14.) He alleges that his health has deteriorated since sentencing. (See Dkt. No. 90 at 4, 90-1 at 2.)
In August 2019, Mr. Dorsey applied to the Bureau of Prisons ("BOP") for compassionate release, but the BOP denied his request. (Dkt. No. 90-1 at 2.) On April 14, 2020, Mr. Dorsey renewed his request for compassionate release (Dkt. No. 90-3.) He requests to be released to his home in Boise, Idaho. (Dkt. No. 90 at 20.) He owns the home, and his mother and brother live next door. (Dkt. No. 93 at 7.) U.S. Probation has approved Mr. Dorsey's release plan. (See id. ) The Government opposes release. (Id. )
II. DISCUSSION
On December 21, 2018, the First Step Act of 2018 was signed into law and implemented significant reforms to the criminal justice system. Pub. L. No. 115-391, 132 Stat. 5194 (2018). Following the First Step Act:
the court ... 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 [for compassionate release] 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 (and may impose a term of probation or supervised release with or without conditions that does not exceed the unserved portion of the original term of imprisonment), after considering the factors set
forth in 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 ....
18 U.S.C. § 3582(c)(1)(A) ; see First Step Act § 603, 132 Stat. at 5293; see also 28 U.S.C. § 994(t) (directing the Sentencing Commission to promulgate policy statements describing "what should be considered extraordinary and compelling reasons for sentence reduction, including the criteria to be applied"). The relevant Sentencing Commission policy statement provides that a court may reduce a sentence pursuant to 18 U.S.C. § 3582(c)(1)(A) :
if, after considering the factors set forth in 18 U.S.C. § 3553(a), to the extent that they are applicable, the court determines that—
(1)(A) Extraordinary and compelling reasons warrant the reduction ....
(2) The defendant is not a danger to the safety of any other person or to the community, as provided in 18 U.S.C. § 3142(g) ; and
(3) The reduction is consistent with this policy statement.
U.S. Sentencing Guidelines Manual ("U.S.S.G.") § 1B1.13 (2019). The policy statement's commentary provides that "extraordinary and compelling reasons exist" if the defendant is "suffering from a serious physical or medical condition .... 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." U.S.S.G. § 1B1.13 cmt. n.1.
The Court may consider a motion for compassionate release if (1) the defendant has submitted a request to the BOP to bring a motion for compassionate release on his behalf; (2) the defendant has submitted a motion to the Court; and (3) at least 30 days have elapsed from the warden's receipt of the compassionate release request. See 18 U.S.C. § 3582(c)(1)(A). In August 2019, Mr. Dorsey submitted his compassionate release request to the BOP. (Dkt. No. 90-1 at 2.) On April 14, 2020, Mr. Dorsey submitted a renewed compassionate release request to the BOP. (Dkt. No. 90-3.) On April 29, 2020, Mr. Dorsey filed the present motion. Because more than 30 days have elapsed since his request, Mr. Dorsey's motion for release is ripe for the Court's consideration.
The Government's response incorrectly states that Mr. Dorsey renewed his compassionate release request on April 28, 2020. (See Dkt. No. 93 at 14.) The Government contends that the 30-day waiting period is not satisfied in this case. (See Dkt. No. 93 at 12.) It is not clear whether the Government's position is predicated on its error as to the date of Mr. Dorsey's request.
Mr. Dorsey's motion for leave to file an overlength brief (Dkt. No. 95) is GRANTED.
A. Extraordinary and Compelling Circumstances
Mr. Dorsey's motion establishes that extraordinary and compelling reasons exist to reduce his sentence. See U.S.S.G. § 1B1.13(1)(A). First, Mr. Dorsey suffers from multiple chronic conditions that significantly impact his day-to-day living. (See Dkt. No. 59 at 14–15.) The Court FINDS that the conditions described by Mr. Dorsey constitute serious physical conditions; that Mr. Dorsey is suffering from serious functional impairments; that Mr. Dorsey is experiencing deteriorating physical and mental health; and that these conditions substantially diminish Mr. Dorsey's ability to provide self-care while incarcerated and from which Mr. Dorsey is not expected to recover. See U.S.S.G. § 1B1.13 cmt. n.1. Second, when an inmate has health conditions that make them significantly more vulnerable to COVID-19, that likewise may constitute an extraordinary and compelling circumstance. See United States v. Cosgrove , Case No. C15-0230-RSM, 454 F.Supp.3d 1063 (W.D. Wash. Apr. 15, 2020). Mr. Dorsey's chronic medical conditions include obesity, cardiovascular disease, and diabetes, and he requires an inhaler to breathe. (Dkt. No. 59 at 14.) Each of these conditions makes him more vulnerable to COVID-19. See "Coronavirus Disease 2019, High-Risk Conditions," https://www.cdc.gov/coronavirus/2019-ncov/hcp/underlying-conditions.html. Thus, the widespread presence of the virus in the United States, combined with Mr. Dorsey's specific underlying conditions and his age, together put him at significant risk for even more severe and life-threatening illness if he is exposed to COVID-19 during his confinement. Therefore, the Court also FINDS that Mr. Dorsey's vulnerability to COVID-19 is a serious medical condition that constitutes an extraordinary and compelling circumstance warranting compassionate release under the U.S. Sentencing Guidelines.
B. Safety of Others
Having found that extraordinary and compelling circumstances exist, the Court turns to whether Mr. Dorsey presents a danger to the safety of any other person or to the community. See U.S.S.G. § 1B1.13(2). In making this determination, the Court looks to the nature and circumstances of Mr. Dorsey's underlying offense, the weight of evidence against him, his history and characteristics, and the nature and seriousness of the danger his release would pose to any person or the community. 18 U.S.C. § 3142(g).
Mr. Dorsey's underlying criminal conduct was serious and supported by substantial evidence, as he pled guilty to conspiracy to distribute methamphetamine and was apprehended with both a very large quantity of the drug as well as a loaded handgun. (See Dkt. No. 59 at 13.) But his criminal conduct was his first such offense, it occurred nearly four years ago, and it did not include of any act of violence. While in prison, Mr. Dorsey has had minimal disciplinary issues and no accusations of drug abuse. (See Dkt. Nos. 93 at 6–7.) In addition, Mr. Dorsey's age and poor health, as described above, demonstrates that upon release he will present minimal danger to any person or the community. See supra Section II.A. Upon release, Mr. Dorsey will have the support of his family members, which will further minimize any danger he may present to any person or the community. Therefore, having considered the factors set forth by 18 U.S.C. § 3142(g), the Court FINDS that Mr. Dorsey is not a danger to the safety of any other person or to the community.
C. 18 U.S.C. § 3553(a) Factors
In determining whether to grant Mr. Dorsey compassionate release under 18 U.S.C. § 3582(c)(1)(A), the Court must also consider any relevant factors set forth under 18 U.S.C. § 3553(a). See U.S.S.G. § 1B1.13. These factors include the nature and circumstances of the underlying offense, the need for the sentence imposed, the kinds of sentences available, the applicable sentencing range, pertinent policy statements, avoidance of sentencing disparities, and the need to provide victims with restitution. See 18 U.S.C. § 3553(a).
As discussed above, Mr. Dorsey's underlying criminal conduct was serious. See supra Section II.B. But Mr. Dorsey has now served over four years of a 10-year sentence, which was a product of a mandatory minimum the Court was required to impose. (See Dkt. No. 82 at 1.) Further, as discussed above, extraordinary and compelling reasons, as defined by the applicable U.S. Sentencing Guidelines policy statement, exist and support Mr. Dorsey's compassionate release. See U.S.S.G. § 1B1.13 ; see also supra Section II.A. Thus, Mr. Dorsey has served a significant sentence, and he has demonstrated that extraordinary and compelling reasons described in the applicable policy statement warrant compassionate release. Therefore, the Court FINDS that the applicable factors set forth by 18 U.S.C. § 3553(a) weigh in favor of granting Mr. Dorsey compassionate release.
D. Consistency with Policy Statement
Finally, the Court must determine whether Mr. Dorsey's compassionate release would be consistent with the relevant policy statement. See U.S.S.G. § 1B1.13(3). The policy requires the Court to make certain findings before granting an inmate's request for compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A). See generally U.S.S.G. § 1B1.13. As set forth above, the Court has made the necessary findings that extraordinary and compelling circumstances exist, that Mr. Dorsey's release would not pose a danger to any person or the community. See supra Sections II.A., II.B., II.C. Therefore, the Court hereby FINDS that Mr. Dorsey's compassionate release is consistent with the applicable U.S. Sentencing Guidelines policy statement. See U.S.S.G. § 1B1.13(3).
E. Additional Term of Supervised Release
While 18 U.S.C. § 3582(c)(1)(A) authorizes a reduction in sentence, it also provides that the Court "may impose a term of probation or supervised release with or without conditions that does not exceed the unserved portion of the original term of imprisonment." The Court FINDS that an additional term of supervised release would adequately address the seriousness of Mr. Dorsey's offense and the need for the original sentence imposed while balancing the extraordinary and compelling circumstances that warrant Mr. Dorsey's compassionate release. Therefore, the Court IMPOSES an additional term of supervised release of 72 months, which is approximately the balance of Mr. Dorsey's original term of imprisonment, and further ORDERS that Mr. Dorsey shall serve this term of supervised release under the condition of home confinement. This term of supervised release under home confinement shall be followed by the previously-imposed period of five years of supervised release.
Mr. Dorsey has served just over 47 months of his 120-month term of imprisonment. (See Dkt. Nos. 93 at 6.)
III. CONCLUSION
For the foregoing reasons, Defendant James Lowell Dorsey's motion for compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A) is GRANTED. The Court hereby ORDERS that Mr. Dorsey's term of imprisonment be reduced to time served. The Court ORDERS the Bureau of Prisons to release Mr. Dorsey for placement at his home in Boise, Idaho, where he will be supervised by the United States Probation Office. (See Dkt. No. 131 at 6–7.) Mr. Dorsey is ORDERED to contact the United States Probation Office within 24 hours of his release and follow its instructions regarding his placement in Idaho. (See Dkt. No. 93 at 6–7.)
The Court IMPOSES an additional term of 72 months of supervised release, to be followed by the previously-imposed period of five years of supervised release. See 18 U.S.C. § 3582(c)(1)(A) ; (Dkt. Nos. 81, 83.) The Court further ORDERS that Mr. Dorsey shall serve this additional term of supervised release in home confinement.