Opinion
CIVIL ACTION NO. 18-184
12-15-2020
UNITED STATES OF AMERICA, v. ALONZO DUNBAR, Defendant
OPINION
Pending before the court is an emergency motion for compassionate release (ECF No. 114) filed by counsel on behalf of defendant Alonzo Dunbar ("Dunbar"). On December 15, 2020, the court held a telephone status conference at which counsel for the government confirmed that a communication error occurred in this case, namely, that the state court failed to inform the United States Marshal that the state detainer for a parole violation had been removed.
Defense counsel represented that, after investigation, Dunbar was never prosecuted by the state for his parole violation. Dunbar has been in custody since January 23, 2018, which is approximately 35 months. It now appears undisputed that all this time should have been credited to federal custody. Dunbar was sentenced by this court to a term of imprisonment of 36 months. In short, once "good time" credit is considered, Dunbar has completed his sentence. The Assistant United States Attorney is coordinating with the Bureau of Prisons to determine the actual calculation.
Dunbar has remained in custody at the Allegheny County Jail. He is 61 years old and has suffered from diabetes and obesity. See Presentence Investigation Report, ECF No. 68. The difficulties in preventing an outbreak of the COVID-19 virus within the prison setting are well-established. The court finds that Dunbar established extraordinary and compelling reasons for immediate compassionate release due to his risk of exposure and vulnerability to severe complications from the COVID-19 virus.
The court finds that immediate compassionate release is consistent with the § 3553(a) sentencing factors and the applicable policies of the sentencing commission because Dunbar has completed the prison term to which he was sentenced, after considering credit for good time.
Conclusion
For the reasons set forth above, the emergency motion for compassionate release (ECF No. 114) will be GRANTED and his sentence will be reduced to "time served." Alonzo Dunbar shall be released from custody FORTHWITH to begin his term of supervised release.
An appropriate order follows.
BY THE COURT:
/s/ Joy Flowers Conti
Judge Joy Flowers Conti
Senior United States District Judge