United States v. Allee, 8:00-cr-00083

Justin J. Allee is serving a 619‑month federal sentence for multiple violent offenses (conspiracy to commit bank robbery; armed bank robbery; carjacking; § 924(c) firearm offenses; felon in possession) and also has a state murder sentence. His direct appeal was affirmed.
Allee filed motions under 18 U.S.C. § 3582(c)(1)(A)(i) seeking sentence reduction/compassionate release and requested appointment of counsel, alleging solitary confinement, limited legal access, and COVID‑related risks.
The government opposed, citing the violent nature of Allee’s offenses and arguing that the First Step Act § 403 change to § 924(c) stacking is not retroactive to defendants sentenced before December 21, 2018.
The court found Allee had not shown the Sentencing Commission’s listed extraordinary circumstances (no qualifying medical/age/family factors), was not age 65, and had not served 75% of his term (though he had served at least 10 years).
The court held that COVID‑19 risks alone do not justify compassionate release and that the First Step Act stacking change does not apply retroactively to Allee.
The motions for appointment of counsel were denied and the motions for relief were dismissed as without merit.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether compassionate release (§ 3582(c)(1)(A)(i)) is warranted based on solitary confinement, limited legal access, and COVID risk	Allee: solitary confinement and limited access to legal assistance plus COVID exposure qualify as extraordinary and compelling circumstances	Gov: No qualifying extraordinary medical/age/family circumstances; COVID presence alone is insufficient; violent record weighs against release	Denied — court found no extraordinary circumstances and COVID alone insufficient
Whether the First Step Act § 403 (elimination of § 924(c) stacking) applies retroactively to Allee	Allee: seeks retroactive application to reduce sentence	Gov: Change is not retroactive to those sentenced before Dec. 21, 2018	Denied — change not applied retroactively; court relied on Eighth Circuit guidance
Whether counsel should be appointed for Allee’s motions	Allee: requests counsel to assist with filings and advocacy while in restrictive confinement	Gov: opposed; Argued merits do not support appointment	Denied — appointment of counsel not warranted; motions dismissed

United States v. Loggins, 966 F.3d 891 (8th Cir. 2020) (district court may consider stacking change but the change does not apply retroactively in that case)
United States v. Raia, 954 F.3d 594 (3d Cir. 2020) (the mere existence of COVID‑19 in prisons does not independently justify compassionate release)
United States v. Allee, 299 F.3d 996 (8th Cir. 2002) (affirming Allee's conviction on direct appeal)