United States v. Brown
1:15-cr-00551
E.D.N.YMar 18, 2021Background
- Reavon Ricardo Brown was sentenced in Aug. 2017 to 181 months’ imprisonment (Hobbs Act robbery and unlawful use of a firearm) and is incarcerated at USP Allenwood with a projected 2028 release.
- Brown filed a pro se compassionate-release motion (18 U.S.C. § 3582(c)(1)(A)) in Jan. 2021, asserting he contracted COVID-19 in November 2020, did not receive adequate care, and that his asthma increases risk of complications.
- BOP medical records show a negative test and asymptomatic status on Nov. 9, a positive test result from a test ordered Nov. 17 (reported Nov. 20), and a negative test and no reported COVID symptoms on Dec. 3; Brown did not seek further COVID-related treatment thereafter and has an active inhaler prescription for asthma.
- The court applied the First Step Act framework (citing Brooker) and considered whether Brown’s medical condition, BOP care, and risk of reinfection or long-term effects constituted "extraordinary and compelling" reasons for release, and whether § 3553(a) factors weighed against release.
- The court found Brown had recovered, did not identify treatment unavailable in BOP custody, is young (25), and faces low reinfection risk; it concluded no extraordinary and compelling reasons existed and denied the motion.
Issues
| Issue | Plaintiff's Argument (Gov't) | Defendant's Argument (Brown) | Held |
|---|---|---|---|
| Whether a prior COVID-19 infection and ongoing minor symptoms constitute "extraordinary and compelling" reasons for compassionate release | A prior infection from which the defendant recovered does not justify release; low reinfection risk and recovery weigh against relief | Brown contends his November 2020 COVID-19 infection and continuing symptoms, combined with asthma, present an extraordinary and compelling risk | Denied — prior infection and claimed minor lingering symptoms do not amount to extraordinary and compelling reasons |
| Whether BOP provided inadequate medical care justifying release | BOP records show testing, isolation, monitoring, and no ongoing COVID-related treatment needed; no demonstration that needed care is unavailable in custody | Brown claims he experienced severe symptoms and lacked timely testing/treatment during the outbreak | Denied — Brown did not identify specific care unavailable at USP Allenwood or inability to self-care |
| Whether the § 3553(a) factors and public-safety concerns permit reducing sentence despite medical claims | The seriousness of Brown’s offenses and sentencing factors counsel against release | Brown requests reduction based on health risk and purported inadequate care | Denied — even considering medical claims, extraordinary/compelling reasons were not shown to overcome § 3553(a) considerations |
Key Cases Cited
- United States v. Brooker, 976 F.3d 228 (2d Cir. 2020) (First Step Act permits courts to consider a broad range of extraordinary and compelling reasons)
- United States v. Ebbers, 432 F. Supp. 3d 421 (S.D.N.Y. 2020) (courts must consider § 3553(a) when deciding compassionate-release motions)
- United States v. Zubkov, 460 F. Supp. 3d 450 (S.D.N.Y. 2020) (denying release where defendant recovered and was receiving adequate care)