United States v. Davidson
| Decision Date | 20 August 2020 |
| Docket Number | 2:16-cr-00139-2,2:17-cr-00334,2:20-cv-00327 |
| Parties | UNITED STATES OF AMERICA, v. JEREMIAH DAVIDSON, Defendant. |
| Court | U.S. District Court — Western District of Pennsylvania |
OPINION
Defendant Jeremiah Davidson is about thirteen (13) months shy of completing a sixty-month in-custody sentence, and about five (5) months away from leaving the "in prison" portion of that sentence. Mr. Davidson currently resides at the Federal Medical Center ("FMC") in Lexington, Kentucky, and he is scheduled to transition to home confinement in January 2021. Placement at FMC Lexington allows Mr. Davidson to receive ongoing treatment and care for his several chronic and progressive conditions, namely his near-end-stage kidney disease and type 2 diabetes mellitus. In May 2019, Mr. Davidson filed an administrative request for compassionate release with the Bureau of Prisons ("BOP") based on his several medical conditions. That request was formally denied by the BOP on April 24, 2020.
Now, Mr. Davidson moves for a Reduction of Sentence Pursuant to 18 U.S.C. § 3582(c)(1)(A)(i), stating that his several medical conditions, as exacerbated by the COVID-19 pandemic, justify compassionate release.1 (ECF No. 832.) For the reasons stated below, the Court finds that: (1) the Defendant's Motion is properly before it; (2) Mr. Davidson's severalmedical conditions rise to an "extraordinary and compelling" level; and (3) such release is appropriate in light of the Court's consideration of the factors set forth in 18 U.S.C. § 3553(a). Accordingly, the Motion at ECF No. 832 is GRANTED in that the remainder of Mr. Davidson's in-custody sentence will be converted to a term of supervised release with the condition of home confinement, followed by the term of supervised release as imposed as part of his original sentence.
On March 19, 2018, Mr. Davidson pleaded guilty at No. 16-cr-139-2 to conspiracy to possess with intent to distribute and distribute quantities of oxycodone and oxymorphone in violation of 21 U.S.C. § 846, as well as health care fraud in violation of 18 U.S.C. § 1347. (ECF No. 410.) In addition, on that same date, Mr. Davidson waived prosecution by indictment and entered a plea of guilty as to the perjury charge at Count I of the Information at Criminal No. 17-334. (No. 17-cr-334, ECF Nos. 7, 8.) Mr. Davidson was sentenced to an aggregate of sixty (60) months in custody, followed by three (3) years of supervised release. (No. 16-cr-139, ECF No. 522; No. 17-cr-334, ECF No. 24.) As of the date of this Opinion, the BOP lists Mr. Davidson's release date as September 27, 2021. However, Mr. Davidson is due to be released to home confinement in January 2021. (ECF No. 832, at 2.)
At the time of sentencing, the Court was made aware of Mr. Davidson's several health conditions, including chronic kidney disease, diabetes, chronic pain, diabetic peripheral neuropathy, staph infection, hypertension, and elevated cholesterol levels. (ECF No. 475, at 37.) Because of those several conditions, this Court recommended in its Judgment that the BOP place Mr. Davidson at a Federal Medical Center so that he could receive appropriate care. (ECF No. 522, at 2.)
Initially, Mr. Davidson was not placed at a Federal Medical Center. As his physical condition deteriorated, however, Mr. Davidson was transferred to FMC Devens in Massachusetts, and was later transferred to FMC Lexington, where he currently resides. (ECF No. 832, at 2.) Mr. Davidson is currently classified as a "Care Level 3" inmate at that facility (ECF No. 832-7), which is indicative of the fact that he has "complex, and usually chronic, medical or mental health conditions" and that he likely "require[s] frequent clinical contacts to maintain control or stability of [his] condition[s], or to prevent hospitalization or complications." Care Level Classification for Medical & Mental Health Conditions or Disabilities, Federal Bureau of Prisons (May 2019), https://bit.ly/3gYZJcw.
Out of all of his conditions, Mr. Davidson's chronic kidney disease2 appears to be progressing at the fastest rate. Counsel for the Defendant asserts that Mr. Davidson's kidney disease is now classified as "near-end stage." (ECF No. 832, at 2.) And the Defendant's medical records (current as of March 2020) confirm that he is classified as "CKD4," which the Court assumes to mean stage 4 chronic kidney disease. This reading of Mr. Davidson's medical records is consistent with the recent recommendation made by Mr. Davidson's nephrologist that he be "referred for surgery for implantation of an AV fistula," an essential procedure that will ensure that Mr. Davidson is able to receive dialysis once he reaches end-stage.3 (Id.)
The Defendant also suffers from other chronic conditions which have either continued to progress since the date Mr. Davidson went into BOP custody or appear to be poorly managed at this time. For example, Mr. Davidson has undergone full and partial amputations of tissue on both of his feet in an effort to remedy his diabetic ulcers, but such procedures have not alleviated the bleeding and chronic pain he continues to suffer from. (See id. at 3; ECF No. 832-3, at 1.) In addition, Mr. Davidson's medical records indicate that he suffers from hypertension which is "poorly controlled" at this time despite his active prescription for medication meant to abate that condition. (ECF No. 832-2, at 5; ECF No. 832-4, at 1.) And he is also prescribed medication meant to treat his high cholesterol, as well as Vitamin D supplements to compensate for his current deficiency. (ECF No. 832-4, at 1-2.)
On May 1, 2019, Mr. Davidson submitted an administrative request for compassionate release to the Warden of FCI Cumberland (the facility at which he was then housed), initiating the compassionate release process with the BOP and requesting release based on his several medical conditions. (See ECF No. 832-6 ().) "BOP regional counsel told [counsel for the Defendant] that Mr. Davidson's request was denied by the Warden of FCI Cumberland in 2019, however, there was no written record of that on file." (ECF No 832, at 4.) Due to the lack of written record, "the Warden of FCI Cumberland prepared a written denial dated April 24, 2020, which was sent to Mr. Davidson at FMC Lexington." (Id.; ECF No. 832-7.) In reaching that conclusion, the Warden conducted a "thorough review of [Mr. Davidson's] request" and determined that Mr. Davidson's conditions "could be managed" at their current state. (ECF No. 832-7.)
In the time since Mr. Davidson filed his initial administrative request for compassionate release with the BOP, the Secretary of Health and Human Services declared a public health emergency in response to the COVID-19 outbreak, the World Health Organization characterized the COVID-19 outbreak as a pandemic, and the President of the United States declared that the COVID-19 outbreak in the United States constitutes a national emergency. Proclamation on Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak, The White House (Mar. 13, 2020), https://bit.ly/3fz5m0J. And this Court has issued nearly twenty (20) Administrative Orders aimed at dealing with that pandemic in the context of the Court's administration of justice.
Then, on April 28, 2020, counsel for the Defendant filed a Motion for Reduction of Sentence Pursuant to 18 U.S.C. § 3582(c)(1)(A)(i). (ECF No. 832.) Essentially, that Motion argues that Mr. Davidson's chronic and progressive kidney disease, along with his other medical conditions—all of which are exacerbated by the COVID-19 pandemic—rise to an "extraordinary and compelling" level, such that compassionate release is warranted. The Defendant therefore argues that the Court should reduce his in-custody sentence to "time served . . . followed by any necessary term of home confinement." (Id. at 19.)
In response, the Government argues that Mr. Davidson's Motion should be denied because the Defendant cannot show that "extraordinary and compelling" reasons warrant release and because any reduction in sentence would undermine the original goals of sentencing. (ECF No. 836.) Specifically, the Government argues that: (1) Mr. Davidson is receiving appropriate care while incarcerated; (2) the Defendant's medical conditions, though serious, do not pose a risk of COVID-19 complications; and (3) a reduction of sentence would undermine theseriousness of the Defendant's crimes, as well as the agreement between the parties that avoided extensive sentencing litigation. (Id.)
The Defendant filed a Reply, reiterating that Mr. Davidson's medical conditions are "serious and life-threatening on their own, and undeniably carry a risk of severe illness or death from COVID-19." (ECF No. 837, at 2.) Additionally, counsel for the Defendant argues that given the severity of the Defendant's current medical conditions, he poses little risk to public safety, such that the Court need not worry about undermining the original goals of sentencing if it were to release Mr. Davidson at this time. (Id. at 3.) And, in any event, counsel for the Defendant argues that the Court could "address any potential public safety concerns by designating that a period of his supervised release be served on home confinement (including for a period representing his remaining time on his BOP sentence)." (Id.)
Then, counsel for the Defendant filed a supplement, informing the Court that Mr. Davidson had tested positive for the COVID-19 virus in early May 2020, and was placed in medical quarantine. (ECF No. 841.) In response to that supplement, counsel for the United States informed the Court that Mr. Davidson had in fact contracted the virus...
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