United States District Court, S.D. New York
DECISION AND ORDER DENYING MOTION FOR COMPASSIONATE
Colleen McMahon Chief Judge.
Goode was charged along with ten co-defendants with
conspiring to distribute millions of oxycodone tablets,
through sham clinics and pain management facilities in New
York. Goode pleaded guilty and was sentenced to 48
months' imprisonment. She is presently serving her
sentence at the Bureau of Prisons medical facility in Fort
Worth Texas. She has served approximately 18 months-her
projected release date, with good time credit, is July 29,
the Court is Goode's motion for compassionate release,
filed pursuant to 18 U.S.C. § 3582 and the First Step
Act. The Government opposes the motion.
motion is denied.
Compassionate Release Statute
may not modify a term of imprisonment once it has been
imposed except pursuant to statute.
last December, a court could not modify a defendant's
duly-imposed sentence on compassionate release grounds unless
it received a motion from the Bureau of Prisons asking that
the court consider such modification. 18 U.S.C.A. § 1B
1.13. Reduction in Term of Imprisonment Under 18 U.S.C.
§ 3582(c)(1)(A) (Policy Statement) (Effective November
1, 2006; amended effective November 1, 2007; November 1,
2010; November 1, 2016; November 1, 2018).
December 2018, as part of the First Step Act, Congress worked
a change to that rule of long standing. A court may now
consider a motion for compassionate release made by a
defendant who has exhausted his administrative remedies by
petitioning the Director of the BOP to make such a motion,
assuming the Director fails to act on the inmate's
request within thirty days:
[T]he 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
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...
18 U.S.C. § 3582(c)(1)(A) (emphasis added).
court may modify a sentence on compassionate release grounds
after considering the factors set forth in section 3553(a) to
the extent that they are applicable, if it finds that...
extraordinary and compelling reasons warrant such a
reduction. . . and that such a reduction is consistent with
applicable policy statements issued by the Sentencing
relevant Sentencing Commission policy statement is found in
U.S.S.G. § 1B 1.13. It provides that the Court may
reduce the term of imprisonment only if three conditions are
(i) extraordinary and compelling reasons warrant the
reduction, id. § 1B1.13(1)(A);
(ii) 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), id. § 1B1.13(2); and
(iii) "the reduction is consistent with this policy
statement, id. § 1B 1.13(3).
Application Notes describe the circumstances under which
"extraordinary and compelling reasons exist."
Id. § 1B 1.13 Application Note 1. One of those
is the defendant's medical condition:
(A) Medical Condition of the Defendant.-
(ii) The defendant is-
(I) suffering from a serious physical or medical condition,
(II) suffering from a serious functional or cognitive
(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.
Id. § 1B1.13 Application Note 1(A). Goode's
motion is predicated on her medical condition, which she
contends has deteriorated substantially since she ...