USA v. Kelley, Case No. 16-cr-00038-SI-1
Citation | 464 F.Supp.3d 1134 |
Decision Date | 02 June 2020 |
Docket Number | Case No. 16-cr-00038-SI-1 |
Parties | USA, Plaintiff, v. KELLEY, Defendant. |
Court | U.S. District Court — Northern District of California |
Philip Andrew Kopczynski, U.S. Attorney's Office, San Francisco, CA, for Plaintiff.
SUSAN ILLSTON, United States District Judge On May 29, 2020, the Court held a telephonic hearing on defendant Shaun Kelley's motion for compassionate release. Dkt. No. 40. Counsel for the government and for the defendant were present on the phone, as was defendant and his sister, Mary Jourdan. For the reasons set forth below, the Court GRANTS defendant's motion.
On, February 2, 2016, defendant was indicted on one count of violating 18 U.S.C. § 2423(c), for engaging in illicit sexual conduct in foreign places. Dkt. No. 1 at 31 (Indictment). The indictment alleged Mr. Kelley engaged in a commercial sex act with a minor, who was 14 years old at the time, in Thailand. Id. On May 16, 2016, Mr. Kelley entered into a plea agreement with the government pleading guilty to the indictment. Dkt. No. 9 (Plea Agreement). Pursuant to the plea agreement, Mr. Kelley agreed "that a reasonable and appropriate disposition of this case ... will include a term of imprisonment of ten years [and] five years of supervised release ..." Id. at 4. Mr. Kelley's presentence report calculated his Criminal History Computation as zero. Dkt. No. 16 at 16 (PSR).
On August 24, 2016, this Court sentenced Mr. Kelley to 120 months in custody with 5 years of supervised release upon the conclusion of his custodial sentence. Dkt. No. 19.
On May 18, 2020, Mr. Kelley filed the instant motion for compassionate release. Dkt. No. 25. He is currently 61 years old and being held at Terminal Island where approximately 70% of the inmates have tested positive for COVID-19, including Mr. Kelley. Dkt. No. 25 at 6; Dkt. No. 33 at 8 (Opposition). It is undisputed that Mr. Kelley suffers from prostate cancer
that has metastasized and spread to his bones. Dkt. No. 25 at 6-8, 12; Dkt. No. 33 at 16 (Opposition). It is estimated that Mr. Kelley has approximately two years to live in light of his cancer diagnosis. Dkt. No. 25 at 7.
As of June 2020, Mr. Kelley has served 49 months in prison, nearly half of his sentence. Dkt. No. 25 at 16-17.
Defendant has filed a motion seeking compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A). As amended by the First Step Act, that statute provides:
18 U.S.C. § 3582(c)(1)(A).
The parties agree that U.S.S.G. § 1B1.13 provides the relevant policy statement for reductions in the term of imprisonment under 18 U.S.C. § 3582(c). Dkt. No. 25 at 11; Dkt. No. 33 at 14; United States v. Eberhart , No. 13-cr-313-PJH, 2020 U.S. Dist. LEXIS 51909, 448 F.Supp.3d 1086, 1088–90 (N.D. Cal. Mar. 25, 2020) ( ). In the application notes, the Sentencing Commission provides that "extraordinary and compelling reasons" exist under certain circumstances. Of relevance here are the following:
cancer, amyotrophic lateral sclerosis (ALS), end-stage organ disease, and advanced dementia.
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.
...
(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).
U.S.S.G. § 1B1.13 cmt. n.1. The Commission also requires the defendant not pose "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). Section 3142(g), which governs release or detention of a defendant pending trial, lists the following factors:
18 U.S.C. § 3142(g).
Mr. Kelley argues compassionate release should be granted where (1) Mr. Kelley is 61 years old; (2) Mr. Kelley has terminal cancer
; (3) his cancer is exacerbated by complications from COVID; (4) Terminal Island cannot provide him with the medical treatment and care he needs; and (5) Mr. Kelley is not a danger to the community.
While the government acknowledges Mr. Kelley's cancer
is an extraordinary and compelling reason, it opposes his release, stating:
Defendant has asserted that his prostate cancer
is a terminal illness, and further, that he is more vulnerable to becoming seriously ill from the SARS-Cov-2 virus. The government agrees in part, insofar as the government agrees that Defendant's prostate cancer presents an extraordinary and compelling reason, as required under USSG § 1B1.13 cmt. n.1
. But ... the Court should deny Defendant's request because the record precludes a finding that Defendant presents no danger to the community, and because re-balancing the Section 3553(a) factors indicates that Defendant should not be released.
Dkt. No. 33 at 16 (emphasis added).
The Court has considered the applicable sentencing factors from 18 U.S.C. § 3553(a) and finds that they are consistent with granting defendant's motion for compassionate release. The "need ... to provide the defendant with needed ... medical care ... in the most effective manner" weighs in...
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