United States v. Coulter
2:21-cr-00078
E.D. Ark.May 16, 2025Background
- Kenneth Dewayne Heard pleaded guilty to possession with intent to distribute methamphetamine and was sentenced to 70 months incarceration followed by four years of supervised release.
- Heard filed a pro se motion seeking compassionate release, citing medical issues and risks due to BOP staffing shortages.
- Heard also requested the appointment of counsel and for the court to obtain his medical records to support the motion.
- The government opposed, arguing Heard failed to exhaust BOP remedies and did not meet the criteria for compassionate release; also, his criminal history and non-compliance with pretrial release conditions were highlighted.
- Heard asserted he had requested compassionate release through the BOP Warden and waited over 30 days before filing in court.
- The court denied all Heard’s motions, finding no extraordinary and compelling reason and noting § 3553(a) factors weighed against release.
Issues
| Issue | Heard's Argument | Government's Argument | Held |
|---|---|---|---|
| Appointment of counsel | Needed assistance due to legal complexity | No right to counsel for § 3582(c) motions | Denied - No right in these proceedings |
| Exhaustion of administrative remedies | Submitted BOP request, waited 30 days | Heard did not fully exhaust BOP administrative process | Not dismissed for this reason |
| Extraordinary/compelling reasons | Health issues and BOP staffing place him at risk | Conditions not extraordinary; he endured these during prosecution | Denied - Not extraordinary |
| 18 U.S.C. § 3553(a) factors | Should receive reduction due to circumstances | Criminal history and risk to community weigh against release | Denied - Factors against reduction |
Key Cases Cited
- United States v. Jones, 836 F.3d 896 (8th Cir. 2016) (defendant bears the burden for sentence reduction motions under § 3582(c))
- United States v. Meeks, 971 F.3d 830 (8th Cir. 2020) (no statutory right to counsel in § 3582(c) proceedings)
- United States v. Houck, 2 F.4th 1082 (8th Cir. 2021) (exhaustion requirement for compassionate release is mandatory if raised)
- United States v. Avalos Banderas, 39 F.4th 1059 (8th Cir. 2022) (defendant must establish entitlement to sentence reduction)