United States v. Cooper
996 F.3d 283
| 5th Cir. | 2021Background
- Fred Joseph Cooper was convicted in 2010 of drug-trafficking and multiple § 924(c) firearms offenses and (after a later reduction) is serving a 40‑year sentence.
- In April 2020, after exhausting administrative remedies, Cooper moved for compassionate release under 18 U.S.C. § 3582(c)(1)(A), citing COVID‑19 risk factors (diabetes, obesity, hypertension) and the First Step Act’s changes to § 924(c) that would substantially lower the mandatory consecutive terms if applied today.
- The district court denied the motion without prejudice, finding Cooper had served only ~11 years, his medical records did not show severe limitations, the institution had relatively few COVID cases, and there was unsettled law about whether the Sentencing Commission’s policy statement (U.S.S.G. § 1B1.13) bound courts considering prisoner‑filed compassionate‑release motions.
- The district court invited Cooper to renew the motion if the Fifth Circuit or the Sentencing Commission clarified the scope of judicial discretion under the First Step Act.
- The Fifth Circuit, noting its then‑recent decision clarifying that § 1B1.13 does not bind district courts considering prisoner motions (see Shkambi), vacated and remanded so the district court can reconsider whether the nonretroactive § 924(c) changes and/or Cooper’s medical risks constitute “extraordinary and compelling reasons,” and then apply the § 3553(a) factors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether U.S.S.G. § 1B1.13 is an "applicable policy statement" that binds district courts considering prisoner‑filed § 3582(c)(1)(A) motions | § 1B1.13 should not bind; courts may independently define "extraordinary and compelling" | § 1B1.13 applies and limits courts to the Commission's listed categories | The court held § 1B1.13 is not binding on district courts for prisoner‑filed motions (per Shkambi); remanded for reconsideration |
| Whether nonretroactive First Step Act changes to § 924(c) can constitute an "extraordinary and compelling reason" for release | Cooper: the sentencing‑law change meaningfully reduces the sentence he would receive today and thus can be considered | Government: district court reasonably declined to consider such nonretroactive changes; even if relevant, § 3553(a) factors counsel against release | Court did not decide the merits; remanded for the district court to consider in the first instance whether those changes (alone or with other factors) are "extraordinary and compelling" |
| Whether the district court permissibly relied on § 3553(a) and time served to deny relief | Cooper: district court prematurely denied relief without resolving whether extraordinary reasons existed | Government: district court properly exercised discretion under § 3553(a) given time remaining | Court found district court relied on its mistaken view that § 1B1.13 was binding, so remand required to allow proper § 3553(a) analysis after reconsideration |
Key Cases Cited
- United States v. Chambliss, 948 F.3d 691 (5th Cir. 2020) (standard of review and background on compassionate release procedure)
- United States v. Cooper, 714 F.3d 873 (5th Cir. 2013) (affirming Cooper’s original convictions and sentence)
- Thompson v. United States, 984 F.3d 431 (5th Cir. 2021) (abuse‑of‑discretion standard for § 3582(c)(1)(A) denials)
- Brooker v. United States, 976 F.3d 228 (2d Cir. 2020) (holding § 1B1.13 not binding for prisoner motions)
- Jones v. United States, 980 F.3d 1098 (6th Cir. 2020) (same)
- Gunn v. United States, 980 F.3d 1178 (7th Cir. 2020) (same)
- McCoy v. United States, 981 F.3d 271 (4th Cir. 2020) (same)
- Ruffin v. United States, 978 F.3d 1000 (6th Cir. 2020) (distinguishing cases where courts alternatively relied on § 3553(a))
- Pawlowski v. United States, 967 F.3d 327 (3d Cir. 2020) (affirming denial where movant had served little of sentence)
- Al Rushaid v. Nat’l Oilwell Varco, Inc., 757 F.3d 416 (5th Cir. 2014) (remand required when district court misapprehends the law)