United States v. Datello
21-1047-cr
| 2d Cir. | Jun 15, 2022Background
- Joseph Datello was convicted of racketeering conspiracy and sentenced in 2019 to 168 months’ imprisonment.
- He moved for compassionate release under 18 U.S.C. § 3582(c)(1)(A); initial July 14, 2020 motion was denied without prejudice for additional medical information.
- Datello renewed his motions; the district court (Seibel, J.) denied relief on April 19, 2021, concluding § 3553(a) factors weighed against release despite serious medical conditions.
- The district court relied on FMC Devens’ clinical director and Datello’s medical evaluation in assessing that the BOP could meet his needs.
- The court found Datello’s proposed release plan equivocal about providing full‑time professional care; the defendant bore the burden to show BOP care was inadequate.
- Second Circuit reviewed for abuse of discretion and affirmed the district court’s denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Adequacy of BOP medical care | Datello: BOP/FMC Devens cannot meet his complex medical needs | Government: Clinical director at FMC Devens and records show BOP can adequately treat him | Court: District reasonably relied on FMC Devens information; no clear error finding inadequacy |
| Sufficiency of release plan to provide care | Datello: Family plan will provide necessary care; full‑time professional care may be available | Government: Release plan is equivocal and does not guarantee full‑time professional care | Court: Plan was insufficient and court need not speculate about future care availability |
| Weight of § 3553(a) factors | Datello: Exceptional medical circumstances warrant reducing sentence despite § 3553(a) | Government: Serious offense, criminal history, deterrence, and sentencing disparities weigh against release; BOP care adequate | Court: Even accepting extraordinary reasons, § 3553(a) factors counseled against release; denial affirmed |
Key Cases Cited
- United States v. Keitt, 21 F.4th 67 (2d Cir. 2021) (abuse‑of‑discretion standard for compassionate‑release denials)
- United States v. Butler, 970 F.2d 1017 (2d Cir. 1992) (defendant bears burden to show BOP cannot provide adequate care)
- United States v. Capanelli, 479 F.3d 163 (2d Cir. 2007) (district court’s consideration of sentencing factors reviewed for abuse of discretion)