United States v. Bojanower, 1:15-cr-00098

Defendant Christopher Bojanower, sentenced to 90 months for producing/distributing explicit videos of his minor daughter and related sexual offenses, moved for compassionate release under 18 U.S.C. § 3582(c)(1)(A).
Bojanower had contracted and recovered from COVID-19 but asserted fear of reinfection given prison conditions.
He reported multiple health conditions (age 55, pre-diabetes, obesity, sleep apnea, high cholesterol, cardiac finding, bilateral leg edema, enlarged prostate, depression/anxiety, chronic foot pain, and hematuria) that he says increase COVID-19 mortality risk.
The Sentencing Commission policy (U.S.S.G. § 1B1.13) permits relief for (A) terminal illness or (B) a serious condition that substantially diminishes self-care ability in prison and is not expected to recover from.
The court found Bojanower is not currently terminal nor suffering from a qualifying condition that substantially diminishes his ability to self-care; the risk of future COVID reinfection alone does not satisfy the policy statement.
The court also found § 3553(a) factors oppose release: the offense’s seriousness, evidence of sexual abuse of his daughter, a psycho-sexual evaluation rating of "MODERATE-HIGH RISK," and lack of sex-offender treatment at his facility.

Issue	Bojanower's Argument	Government's Argument	Held
Whether Bojanower’s COVID history + comorbidities constitute "extraordinary and compelling" reasons under § 3582(c)(1)(A) and U.S.S.G. § 1B1.13	Risk of reinfection combined with multiple comorbidities warrants compassionate release	Policy requires an existing serious/terminal condition that substantially diminishes self-care; risk of future infection does not qualify	Denied — movant does not meet Sentencing Commission criteria and relief is not "consistent with applicable policy statements"
Whether § 3553(a) factors and dangerousness support a reduced sentence	Requests immediate release based on health risks and past COVID infection	Seriousness of crime, evidence of sexual abuse, moderate-high future risk, and lack of treatment weigh against release	Denied — § 3553(a) factors and public safety concerns justify maintaining the 90-month sentence

No published, official-reporter decisions were cited in the opinion.