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