We post news and comment on federal criminal justice issues, focused primarily on trial and post-conviction matters, legislative initiatives, and sentencing issues.

LEAVING SO SOON?

Jayvon Keitt was charged with a drug conspiracy involving 280 grams of crack, but he took a deal letting him plead to 28 grams instead. As a result, his mandatory minimum fell from 10 to five years, although his Guidelines sentencing range remained 70-87 months. At sentencing, the judge varied downward to give Jayvon 60 months.

So far, a pretty good deal…

Naturally, Jayvon didn’t appeal, because the sentence couldn’t go any lower than it did, given the mandatory minimum.  However, less than four months into his sentence, Jayvon filed a compassionate release motion under 18 USC § 3582(c)(1)(A)(1), seeking immediate release. Jayvon said his asthma raised the risks he faced if he caught COVID in prison, and thus was an extraordinary and compelling reason for sentence reduction. He argued that the “BOP’s restrictions to curb the spread of the coronavirus have led to harsh lockdowns, restrictions on movement between jails, and have all but eliminated educational and other program[m]ing opportunities,” making his ability to participate in drug treatment programs uncertain.

The district court denied Jayvon’s motion after considering the 18 USC § 3553(a) sentencing factors, holding that he had sold a lot of drugs and had already gotten a real sentence break. The judge ruled that a sentence reduction would lead to a sentencing disparity (given the mandatory minimum Jayvon would be dodging). The district court made no finding as to whether Jayvon’s health risks constituted “extraordinary and compelling circumstances.”

Last week, the 2nd Circuit agreed that the district court had not abused its discretion in weighing the sentencing factors. As for Jayvon’s claim that the district court was obligated to make a finding on whether extraordinary and compelling circumstances justified his release, the Circuit said that “when a district court denies a defendant’s motion under § 3582(c)(1)(A) in sole reliance on the applicable § 3553(a) sentencing factors, it need not determine whether the defendant has shown extraordinary and compelling reasons that might (in other circumstances) justify a sentence reduction.”

United States v. Keitt, Case No 21-13-cr, 2021 U.S. App. LEXIS 37888 (2d Cir., December 22, 2021)

– Thomas L. Root