Opinion
2:12-cr-00324-JAM-1
08-06-2021
UNITED STATES OF AMERICA, Plaintiff, v. PHILLIP DALE SELFA, Defendant.
ORDER GRANTING DEFENDANT'S RENEWED MOTION FOR COMPASSIONATE RELEASE
JOHN A. MENDEZ, UNITED STATES DISTRICT JUDGE
On July 13, 2021, Defendant filed a renewed motion for compassionate release. See Mot., ECF No. 122. The Government filed an opposition. See Opp'n, ECF No. 129. Defendant replied. See Reply, ECF No. 130. The Court finds extraordinary and compelling reasons warrant the termination of the remainder of Defendant's sentence. Specifically, as detailed in Defendant's moving papers, his health has deteriorated significantly in the past year: “in the last year [Defendant], 68 years old, has twice suffered from COVID, survived a stroke, and been diagnosed with long-COVID symptoms, including ground glass opacities in his lungs. He has also been diagnosed with COPD, granulomatous disease, atrial fibrillation, congestive heart failure, and microvascular ischemic disease. He has had pneumonia at least three times since his first bout of COVID in 2020. This is in addition to his previously-diagnosed chronic kidney disease. . .and his 5 cm aortic aneurysm.” Reply at 1-2; see also Def.'s Medical Records, Ex. B and C to Mot., ECF No. 126.
In the Ninth Circuit, the decision of whether to grant or deny a compassionate release is within the sound discretion of the district court. See United States v. Aruda, 993 F.3d 797, 802 (9th Cir. 2021). Here, the Court finds that release is warranted. While Defendant's criminal acts were unquestionably dangerous, the Court finds that Defendant will not endanger the community with further crimes if released. Defendant is older, and his health is in significant decline. Further, he will be monitored and supervised under the terms of his supervised release.
Accordingly, the Court GRANTS Defendant's Motion to Reduce Sentence and imposes a sentence of time served. Defendant shall spend up to 14 days in quarantine and obtain medical clearance prior to release. During this time, appropriate travel arrangements shall be made to ensure Defendant's safe release. Upon release, Defendant shall begin serving his 36-month term of supervised release. The Government has until August 13, 2021, to file a request for any additional conditions of release it would like the Court to consider imposing. Defendant's reply, if any, is due August 20, 2021. The Court will issue a final order of release that includes any appropriate conditions requested by the Government upon review of these filings.
IT IS SO ORDERED.