United States v. Chee
2:05-cr-00773
D. UtahSep 3, 2020Background:
- Defendant Alden Harman Chee, a Navajo medicine man, was convicted of Aggravated Sexual Abuse while within Indian Country for raping L.P., a physically and mentally disabled woman; sentence 253 months (within guidelines).
- At time of motion Chee had served ~13 years of his sentence and is 75 years old.
- Chee suffers from hypertension, hyperlipidemia, liver disease, anemia, and other conditions that the CDC identifies as increasing COVID-19 risk.
- Chee filed a compassionate-release motion under 18 U.S.C. § 3582(c)(1)(A)(i) based on COVID-19 risk and exhausted BOP administrative remedies (warden did not respond within 30 days).
- The court found Chee had shown “extraordinary and compelling reasons” (age/medical risk) but denied relief after balancing the 18 U.S.C. § 3553(a) factors.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Exhaustion of administrative remedies | Gov't acknowledged BOP did not respond and exhaustion satisfied (>30 days) | Chee submitted request July 8 and waited >30 days | Exhaustion satisfied |
| Extraordinary and compelling reasons (COVID-19 risk) | Gov't agreed CDC-listed chronic conditions can satisfy the standard | Chee: age (75) + medical conditions create high risk of severe COVID-19 | Court found extraordinary and compelling reasons established |
| Role of USSC policy vs. court discretion to define "extraordinary and compelling" | Gov't relied on Sentencing Commission policy statement framework | Chee argued court may independently find extraordinary and compelling reasons under § 3582 | Court treated policy statement and statutory reading as yielding similar analysis and proceeded to evaluate E&C; E&C found |
| § 3553(a) balancing, public safety, and release plan | Gov't argued nature of offense, abuse of trust, vulnerable victim, lack of treatment/support weigh against release | Chee argued age, time served, and health make recidivism unlikely | Court denied compassionate release: § 3553(a) factors weigh against release (egregious offense, position of trust, vulnerable victim, no release plan/treatment completion) |
Key Cases Cited
- United States v. Jones, 836 F.3d 896 (8th Cir. 2016) (defendant bears burden to show compassionate release)
- United States v. Chee, 514 F.3d 1106 (10th Cir. 2008) (affirming sentence and sentencing enhancements for aggravated sexual abuse)