United States v. Locke, NO. CR18-0132 RAJ
| Decision Date | 11 June 2020 |
| Docket Number | NO. CR18-0132 RAJ |
| Court | U.S. District Court — Western District of Washington |
| Parties | UNITED STATES OF AMERICA, Plaintiff v. EDWARD DEANDRE LOCKE, Defendant. |
This matter comes before the Court on Defendant Edward Locke's motion for compassionate release. Dkt. 774. Having thoroughly considered the parties' briefing and the relevant record, the Court finds oral argument unnecessary and hereby GRANTS the motion for the reasons explained herein.
Following a lengthy investigation and indictment involving several other defendants, Edward Locke was charged with drug related offenses. On May 29, 2019, he pled guilty to Conspiracy to Distribute Controlled Substances, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(C) and Carrying a Firearm During and in Relation to a Drug Trafficking Crime in violation of 18 U.S.C § 924 (c)(1)(A). Dkt. 507.
On November 22, 2019, the Court sentenced Mr. Locke to 62 months of incarceration, to be followed by three years of supervised release. Dkt. 708. The Court ordered his self-surrender date to be extended past December 29, 2019. He is currently housed at FDC Sea-Tac. He is scheduled to be released on May 12, 2024. While the record is unclear when Mr. Locke began serving his sentence, he has served no more than six months of his 62-month sentence.
On May 21, 2020, Mr. Locke filed the instant motion requesting compassionate release, a sentence reduction to time served, twelve months of home confinement, followed by a five-year term of supervised release. He contends his circumstances put him at a higher risk to suffer serious complications or even death if infected with COVID-19. Dkt. 774.
Specifically, Mr. Locke contends he suffers from a "constellation" of medical problems that elevate his risk for severe complications from COVID-19. His list of medical conditions includes, but is not limited to, severe obesity, chronic kidney disease, diabetes, severe obstructive sleep apnea, shortness of breath, and recurrent chest pain. Dkt. 774, p. 4.
The Government has responded that as of the day of its response (May 21, 2020) there were no confirmed cases of COVID-19 at FDC Sea-Tac. The Government contends that Mr. Locke's fear of contracting COVID-19 is wholly speculative and that the Bureau of Prisons (BOP) is taking extraordinary steps to maintain the FDC Sea-Tac COVID free, including rapid testing of all prospective detainees at the facility. Dkt. 787. The Government concedes Mr. Locke does have various health issues, but contends they all appear to be manageable.
The Government further contends that Mr. Locke's early release after just a few months into his sentence is inconsistent with the factors set forth at 18 U.S.C. § 3553 because it would no longer reflect the seriousness of the offense, impose just punishment, protect the public, and would result in unwarranted sentencing disparity when compared to other defendants. Dkt. 787.
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18 U.S.C. § 3582(c)(1)(A) allows a court to reduce a term of imprisonment if "extraordinary and compelling reasons warrant such a reduction" and "such a reduction is consistent with applicable policy statements issued by the Sentencing Commission." The Sentencing Commission's policy statement, in turn, says that a court may reduce a term of imprisonment if "the defendant is not a danger to the safety of any other person or to the community" and "extraordinary and compelling reasons warrant such a reduction." United States Sentencing Guidelines ("USSG") § 1B1.13. The policy statement clarifies that such reasons exist when (1) "the defendant is suffering from a terminal illness" or (2) "the defendant is suffering from a serious physical or mental condition . . . 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." USSG § 1B1.13 cmt. n.1. The policy statement also directs a court to consider the factors set forth in 18 U.S.C. § 3553(a) in deciding whether compassionate release is appropriate and what form compassionate release should take. USSC § 1B1.13 cmt. n.4.
Mr. Locke's motion seeks a reduction in sentence under 18 U.S.C. § 3582(c)(1)(A), as amended by the First Step Act of 2018. As amended, § 3582(c)(1)(A) permits an inmate, who satisfies certain statutorily mandated conditions, to file a motion with the sentencing court for "compassionate release." As relevant to Mr. Locke's motion, the statute now provides:
18 U.S.C. § 3582(c)(1)(A).
The relevant statute gives this Court authority to reduce a previously imposed sentence if three requirements are satisfied: (1) the inmate has either exhausted administrative review of the Bureau of Prison's failure to bring such a motion, or waited until 30 days after the request was made to the warden where the inmate is housed if that is earlier; (2) the inmate has presented extraordinary and compelling reasons for the requested reduction; and (3) the reduction is consistent with the Sentencing Commission's policy statement.
It is undisputed that Mr. Locke has met the exhaustion requirement. He provided the Court with documentation clearly indicating he had sought compassionate release on April 18, 2020. Dkt. 774, Ex. N. The BOP denied his request on May 1, 2020.
The Court must next determine if extraordinary and compelling circumstances warrant a reduction of Mr. Locke's term of imprisonment. See 18 U.S.C. § 3582(c)(1)(A)(i); USSG § 1B1.13.
The policy statement referenced in § 3582(c)(1) was promulgated by the Sentencing Commission pursuant to the authority Congress vested in it in 28 U.S.C. § 994. That statute provides:
The Commission, in promulgating general policy statements regarding the sentencing modification provisions in section 3582(c)(1)(A) of title 18, shall describe what should be considered extraordinary and compelling reasons for sentence reduction, including the criteria to be applied and a list of specific examples. Rehabilitation of the defendant alone shall not be considered an extraordinary and compelling reason.
28 U.S.C. § 994(f).
Consistent with this statute, the applicable policy statement can be found at Section 1B1.13 of the United States Sentencing Guidelines. That statement provides:
U.S.S.G. § 1B1.13 (2019).
In the commentary, the Commission goes on to explain what constitutes "extraordinary and compelling reasons" to support a reduction in sentence. Specifically, Application Note 1 provides that extraordinary and compelling reasons exist if the defendant is suffering from a serious physical or medical condition...that substantially diminishes the ability of the defendant to provide self-care within theenvironment of a correctional facility and from which he or she is not expected to recover." U.S.S.G. § 1B1.13 cmt.n.1.
Mr. Locke argues that the potential for COVID-19 exists at FDC Sea-Tac. The Court does not intend to minimize the risks that COVID-19 poses in the federal prison system, particularly for inmates like him with associated health concerns. But as noted in United States v. Raja, 954 F. 3rd 594 (3rd. Cir. 2020), the mere existence of COVID-19 in society and the possibility that it may spread to a prison alone cannot independently justify compassionate release, especially considering BOP's statutory role, and its extensive and professional efforts to curtail the virus's spread. Id. at p. 596, citing covid-19 Action Plan (Mar. 13, 2020, 3:09 PM), https:bop.gov/resources/news/20200313_covid-19.jsp.
Mr. Locke's motion presents facts, however, that far exceed the mere fear of potential COVID-19. His fear contention is supplemented with the various diagnoses of his health:
1. That he is an African American with a body mass index near or above 40, thus satisfying the CDC's definition of severe obesity. Dkt. 774.
2. That he suffers from one of the most severe cases of sleep apnea...
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