UNITED STATES v. BERTRAND (2020)

ORDER

Before the court is Defendant's Emergency Motion To Reduce Sentence (Doc. 540), pursuant to the compassionate release provision of the First Step Act of 2018. See 18 U.S.C. § 3582(c)(1)(A).

The compassionate release provision now allows courts to modify sentences not only upon motion from the Director of the Bureau of Prisons but additionally on a motion from the defendant. A court may now modify a defendant's sentence “if it finds ․ that ‘extraordinary and compelling reasons warrant such a reduction’ and ‘such a reduction is consistent with applicable policy statements issued by the Sentencing Commission.’ ” United States v. Cantu, 423 F.Supp.3d 345, 347 (S.D. Tex. 2019) (quoting 18 U.S.C. § 3582(c)(1)(A)(I)). To meet these standards, Defendant states that he is 71 years old and shows that he suffers or suffered from multiple, serious health conditions, including prostrate cancer, a pulmonary embolism, diabetes with two related eye surgeries, chronic kidney disease, asthma and hypertension. (Doc. 541 at 4, ex. B). Defendant further asserts that his health has become more problematic because of the current COVID-19 pandemic, which has now significantly spread into the Federal Correctional Institution at Butner, North Carolina, where he is incarcerated. (Doc. 541 at 4). With particular regard to his diabetes condition, Defendant relates that it would be an exponentially greater threat to him, and perhaps a fatal one, were he to contract the virus. (Doc. 541 at 1-3, ex. C).

In 2001, after pleading guilty to a single count of conspiracy to distribute cocaine powder and cocaine base,¹ Defendant was sentenced to a 292 month prison term, to be followed by a 5 year term of supervised release. Having now served 237 of those months, and after having earned good conduct time in prison, Defendant's release date is currently set for April 17, 2021.

The Court possesses the discretion under the First Step Act to determine whether extraordinary and compelling reasons exist such that relief may be granted an inmate. See, e.g., United States v. Maumau, No. 2:08-CR-00758-TC-11, 2020 WL 806121, at *2 (D. Utah Feb. 18, 2020); United States v. Beck, 425 F.Supp.3d 573, 579-80 (M.D.N.C. 2019); United States v. Cantu, 423 F.Supp.3d 345, 347-48 (S.D. Tex. 2019). This Court finds that, given Defendant's proximity to his release date, the relative lack of violence in his criminal record, his exemplary conduct in prison, his age and diminished health, and the ongoing threat posed to him by the COVID-19 pandemic, he qualifies for a compassionate release.

Accordingly, it is ORDERED:

1. Defendant's Emergency Motion To Reduce Sentence (Doc. 540) is GRANTED.

2. Defendant's term of imprisonment is hereby REDUCED to time served, and his term of supervised release shall remain at 5 years.

3. This Order shall not take effect until Thursday, April 30, 2020.

ORDERED on this 29th day of April, 2020.

FOOTNOTES

1.   Although not germane to its decision, the Court notes in passing that the fact that Defendant was sentenced in part for trafficking in cocaine base might render him eligible for a sentence reduction under the retroactive sentencing provisions of the First Step Act.

Lacey A. Collier, Senior United States District Judge