United States v. Barbee
2:96-cr-00258
E.D. Wash.May 3, 2024Background
- Charles Harrison Barbee was convicted in 1996 for a series of bombings and bank robberies in Spokane, motivated by white-supremacist, antigovernment ideology.
- He received a lengthy sentence including consecutive terms totaling fourteen, twenty, thirty years, and two life sentences.
- In 2020, a Supreme Court decision invalidated some Section 924(c) convictions for arson, resulting in partial post-conviction relief and resentencing.
- In 2021 and again in 2022, Barbee was resentenced, most recently to a 40-year term after application of the First Step Act amendments and the statutory minimums.
- Barbee filed for compassionate release, arguing newly qualifying reasons, including rehabilitation and sentencing disparities.
- The District Court denied the motion, finding Barbee had not demonstrated "extraordinary and compelling reasons" for release under 18 U.S.C. § 3582(c)(1)(A)(i).
Issues
| Issue | Barbee's Argument | Gov't Argument | Held |
|---|---|---|---|
| First Step Act amendments as extraordinary | Amendments justify relief; counsel erred not arguing Chen | Barbee already benefited at resentencing | Not extraordinary/compelling |
| Sentence disparity with co-defendant | His co-defendant received less time | Co-defendant released due to health, not disparity | Disparity justified by circumstances |
| Near eligibility for elderly prisoner relief | Over 70, close to 30 years served; should count good time | Not 30 years in custody yet; can't count good time | Does not qualify under statute |
| Extraordinary rehabilitation | Demonstrated full rehabilitation, supported by BOP official | Rehab alone isn't enough per statute | Complete rehab, but not enough legally |
Key Cases Cited
- United States v. Davis, 588 U.S. 445 (2019) (invalidating the residual clause in § 924(c)(3)(B) as unconstitutionally vague)
- United States v. Chen, 48 F.4th 1092 (9th Cir. 2022) (First Step Act amendments can be considered an extraordinary and compelling reason for sentence reduction)
- United States v. Wright, 46 F.4th 938 (9th Cir. 2022) (prisoners must satisfy three conditions to obtain compassionate release)
- United States v. Keller, 2 F.4th 1278 (9th Cir. 2021) (administrative exhaustion requirement for compassionate release)