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United States v. Donald
5:18-cr-50098
W.D. Ark.
Apr 12, 2021
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Background

  • On March 13, 2019, Jermaine Donald pleaded guilty to possession with intent to distribute methamphetamine (21 U.S.C. § 841(a)(1)); PSR attributed 459 grams of actual meth and seized cash and distribution-level cocaine from his residence.
  • Sentencing: calculated Guideline range 151–188 months (Total Offense Level 29, Criminal History VI as a career offender); the Court varied downward and imposed a 120‑month prison term.
  • Donald is 37, housed at FCI Forrest City Medium, has served ~29 months, projected release May 3, 2027.
  • He filed a pro se motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A), citing hypertension, obesity, hyperlipidemia/high cholesterol, and elevated COVID‑19 risk.
  • He submitted a compassionate‑release request to the warden on October 28, 2020; the Government did not contest exhaustion and the Court found the 30‑day administrative exhaustion requirement satisfied.
  • The Court denied the motion: even assuming Donald’s medical conditions could qualify as extraordinary and compelling, the § 3553(a) factors weigh against reducing his sentence or granting release.

Issues

Issue Plaintiff's Argument (Government) Defendant's Argument (Donald) Held
Exhaustion of administrative remedies Did not contest exhaustion Submitted warden request Oct 28, 2020; >30 days elapsed Exhaustion satisfied; Court may consider the motion
Extraordinary and compelling reasons (medical/COVID risk) Implicitly disputed necessity; Government opposed release overall Medical conditions (hypertension, obesity, hyperlipidemia) raise COVID risk and justify release Court assumed arguendo conditions might qualify but did not rely on that as basis for relief
Application of § 3553(a) factors to compassionate release Opposed release: offense severity, distribution quantities, cash, career‑offender history justify original sentence Only served ~29 months; COVID risk and health warrant reduction Denied: § 3553(a) factors weigh against release; 120 months appropriate to reflect seriousness, deterrence, and avoid sentencing disparity
Authority to order home confinement BOP, not the Court, controls place of confinement under FSA Requested to serve remainder in home confinement Court noted it lacks authority to place inmate in home confinement; only BOP may do so

Key Cases Cited

  • None — the opinion did not rely on any judicial opinions with official reporter citations; it cited the Sentencing Commission policy statement and a WL decision for guidance.
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Case Details

Case Name: United States v. Donald
Court Name: District Court, W.D. Arkansas
Date Published: Apr 12, 2021
Docket Number: 5:18-cr-50098
Court Abbreviation: W.D. Ark.