United States v. Amarrah
5:17-cr-20464-JEL-EAS
E.D. Mich.May 7, 2020Background
- Defendant Atheir Amarrah, 45, convicted of healthcare-kickback conspiracy and related offenses; sentenced to 60 months at FCI Loretto after pleading guilty.
- Medical conditions: Type II diabetes, hypertensive heart disease, cardiac arrhythmia, obstructive sleep apnea, and asthma.
- COVID-19 context: Defendant argued prison conditions (shared housing, limited soap/hand sanitizer, transfers, and no universal testing) plus his comorbidities create high risk of severe illness. The government did not dispute factual descriptions of those conditions and could not confirm testing practices.
- Procedural: Amarrah submitted a compassionate-release request to the warden in early April 2020; it was denied April 16, 2020. He filed a § 3582(c)(1)(A)(i) motion in district court after the 30-day lapse.
- The court found exhaustion satisfied, concluded extraordinary and compelling reasons existed, found § 3553(a) factors and public-safety considerations supported release, and reduced sentence to time served with a new 75-month supervised-release term (first 12 months home confinement with electronic monitoring). Release contingent on 14-day quarantine at FCI Loretto.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Statutory exhaustion under § 3582(c)(1)(A) | BOP should handle requests; court should defer to BOP's prioritization | Amarrah exhausted (warden denial) or 30 days lapsed, permitting court motion | Court: exhaustion requirement satisfied (30-day lapse) and defendant may file in court |
| Whether "extraordinary and compelling" reasons exist (COVID-19 + comorbidities) | Gov: Amarrah’s conditions are not terminal or shown to substantially diminish self-care; speculative risk if he contracts COVID-19 | Amarrah: chronic conditions + congregate prison conditions prevent adequate self-care and create high risk of severe COVID-19 | Court: extraordinary and compelling reasons exist given prison conditions, lack of testing, and Amarrah’s medical vulnerability |
| Application of § 3553(a) and appropriate relief | Gov urged BOP process and prioritized releases; argued courts should not supplant BOP selection | Amarrah sought immediate release/time served subject to supervision and home confinement | Court: § 3553(a) factors satisfied for reduced custody; reduced sentence to time served and imposed extended supervised release with phased home confinement/curfew and electronic monitoring |
| Danger to the community under § 3142(g) / suitability for release | Gov noted obstruction and in-custody infractions to argue risk and noncompliance | Amarrah emphasized limited prior record before offense, addressed infractions, and proposed residence with his physician-wife | Court: Amarrah is not a danger to the community; release permitted with strict supervision and zero-tolerance warning |
Key Cases Cited
- Crowe v. United States, 430 Fed. Appx. 484 (6th Cir. 2011) (district court may not review BOP’s internal decision denying compassionate-release placement)