UNITED STATES v. RANCK (2020)

ORDER

Before the Court is Defendant Robert Leslie Ranck's pro se motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A). ECF No. 65. Ranck filed a second motion after he was transferred to a different facility. ECF No. 68. Ranck is now represented by counsel, who filed a brief in support of the motion. ECF No. 73. The Government asks the Court to deny the motion until Ranck's warden has had an opportunity to determine whether release is appropriate. ECF No. 78 at 1.

Ranck pleaded guilty to being a felon in possession of a firearm and possession with intent to distribute a mixture containing marijuana. Judgment 1, ECF No. 45. In 2013, the Court sentenced Ranck to 120 months in prison on the felon in possession count and 10 months' imprisonment on the distribution count, to be served consecutively. Id. at 2. Ranck is currently incarcerated at FCC Butner. ECF No. 68 at 1. His projected release date is October 3, 2021, with a home detention eligibility date of April 3, 2021. ECF No. 65 at 1.

Under 18 U.S.C. § 3582(c)(1)(A), as amended by the First Step Act, a court may modify a sentence based on compassionate release if the defendant has fully exhausted available administrative remedies through the Bureau of Prisons, and extraordinary and compelling reasons warrant such a reduction. 18 U.S.C. § 3582(c)(1)(A). The statute allows a prisoner to file a motion for compassionate release after 1) he fully exhausts his administrative rights to appeal a failure of the Bureau of Prisons to file such a motion on his behalf; or 2) 30 days have lapsed since the warden of the defendant's facility received the request and no action has been taken, whichever is earlier. Id.

On February 20, 2020, Ranck applied for compassionate release under the First Step Act to the Case Manager Coordinator at FCI Forrest City in Arkansas where Ranck was then incarcerated. Pl.'s Attachments 1, ECF No. 78-1 at 1. According to the Government's Response,

[t]hat request was accidentally deleted by the staff. The request was retrieved and submitted to the warden at Butner FCC (facility defendant is currently at) to be processed there. On June 29, 2020, the Government was notified that the social worker who was assigned to handle defendant's request was on leave the week before as well as the warden. The BOP indicated that Butner has started the process [of] reviewing his request and based on his current medical condition, he meets the criteria for consideration. The next steps will be to investigate the release plan both locally and through the United States Probation Office. The warden would then make a decision or send it to the Central Office for further review.

ECF No. 78 at 2–3. As of today, the warden has not made a decision on Ranck's application. No date is given as to when a decision will be made.

It is undisputed that more than 30 days have lapsed from the receipt of the compassionate release request by the warden. Indeed, nearly five months have passed since Ranck's application was first filed and misprocessed by the Bureau of Prisons. Ranck has satisfied exhaustion as required by the statute. See 18 U.S.C. § 3582(c)(1)(A). Without any indication as to when Ranck might expect a decision from the warden, the Court declines to delay Ranck's request any further. The Court proceeds to consider the merits of the motion.

The compassionate release statute does not define the terms “extraordinary” or “compelling.” A policy statement found in United States Sentencing Guidelines sets out four example categories of extraordinary and compelling circumstances:

(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 cmt. n.1(A)-(D). Although such categories are useful in understanding what might be considered extraordinary or compelling, it is not clear that the definitions are binding on the Court for purposes here. See United States v. Brown, 411 F.Supp. 3d 446, 449 (S.D. Iowa 2019) (noting policy statement not changed since First Step Act enacted and may not be binding on statutory consideration).

On February 14, 2020, Ranck was diagnosed with stage IV lung cancer. ECF No. 73 at 3. He has had three cycles of chemotherapy. Id. Shortly after his diagnosis, he was transferred to FMC Butner to receive adequate treatment. Id. Ranck also suffers from chronic obstructive pulmonary disease, and asthma. Id. at 8.

The Government concedes Ranck's health condition is an “extraordinary and compelling reason for release in the context of this pandemic.” ECF No. 78 at 3. Nonetheless, the Government argues that sentencing factors under 18 U.S.C. § 3553(a) weigh against granting compassionate release. Id. at 6. Specifically, it asserts Ranck's eleven criminal history points make him a continuing threat to the safety of the community. Id. The Government contends Ranck has also failed to provide a suitable release plan or demonstrate a means of travel that is currently available and safe. Id.

COVID-19 is a virus which causes a severe acute respiratory system and has now reached pandemic proportions. https://www.cdc.gov/coronavirus/2019-ncov/cases-updates/about-epidemiology/identifying-source-outbreak.html (last visited July 7, 2020). Individuals who are immunocompromised because of cancer or cancer treatments are at a higher risk of getting severely sick from COVID-19. See https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/immunocompromised.html Individuals with chronic obstructive pulmonary disease “are at increased risk of severe illness from COVID-19.” See https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/people-with-medical-conditions.html (last visited July 7, 2020). Individuals with asthma might be at an increased risk for severe illness from COVID-19. Id.

According to The Marshall Project, 52,649 inmates in prison have tested positive for COVID-19 as of June 30, 2020. https://www.themarshallproject.org/2020/05/01/a-state-by-state-look-at-coronavirus-in-prisons (last visited July 7, 2020). This includes 6,947 prisoners in the federal system. Id. As of July 7, 2020, there were 556 inmates and four staff members at FCC Butner who were positive for the virus. https://www.bop.gov/coronavirus/ (last visited July 8, 2020). Sixteen inmates and one staff member have died of COVID-19. Id.

Ranck has served approximately 75% of his sentence. He has serious health issues which are compounded by the risk of contracting COVID-19. If released, he states he will reside with his wife in Burlington, Iowa. ECF No. 73 at 10. At sentencing, the Court noted Rank was “not the most serious offender we've ever seen, but his previous felonies qualified him as career offender.” Sent. Tr. 15, 27, ECF No. 54.

Weighing these factors against his crimes of conviction, the Court is satisfied Ranck's time served is a sentence “sufficient, but not greater than necessary” to take into account the seriousness of the offense, afford adequate deterrence to criminal conduct, provide a just punishment for the crime, and satisfy the other factors of 18 U.S.C. § 3553(a) not specifically discussed above. The Court is also satisfied that with his current diagnoses, Ranck is no longer a threat to the community. Compassionate release in this circumstance is appropriate.

IT IS ORDERED that Ranck's Motions to Reduce Sentence, ECF Nos. 65 and 68, are GRANTED. Ranck's sentence is reduced to time served, and the Bureau of Prisons shall immediately release Ranck.

IT IS FURTHER ORDERED that Ranck's three-year term of supervised release shall commence immediately upon his release from incarceration, subject to the same terms and conditions as set forth in the judgment. See ECF No. 45 at 3–4. This includes a requirement to report to the probation office in the district to which Ranck is released within 72 hours of release from the custody of the Bureau of Prisons. Id. at 3.

IT IS FURTHER ORDERED that Ranck shall travel directly to his wife's residence in Burlington, Iowa, following his release, making no unnecessary stops. The Court asks the office of the Federal Public Defender for the Southern District of Iowa to assist Ranck in making these arrangements. Upon returning to his residence, Ranck must self-quarantine for 14 days.

IT IS SO ORDERED.

STEPHANIE M. ROSE, UNITED STATES DISTRICT JUDGE