United States v. El-Yousseph
2:18-cr-00147
| S.D. Ohio | Mar 3, 2021Background
- Defendant Bilal A. El Yousseph pleaded guilty to conspiracy to distribute controlled substances and to using/brandishing a firearm in relation to a drug-trafficking offense; sentenced to 18 months (Count 1) plus a consecutive 84 months (Count 2), total 102 months; projected release Oct. 17, 2025.
- Defendant filed pro se and counseled motions for compassionate release under 18 U.S.C. §3582(c)(1)(A)(i), citing COVID-19 risk from obesity, former heavy smoking, ADHD, substance‑use history, and Middle Eastern minority status.
- Court initially denied relief without prejudice for failure to exhaust administrative remedies; defendant later produced a Sept. 15, 2020 warden request and the government ceased to contest exhaustion.
- The record lacks current medical records or evidence of COVID‑related complications; PSR showed 5'11", 215 lbs at time of preparation and history of ADHD and substance abuse but no documented obesity‑related sequelae or ongoing smoking since incarceration.
- BOP data showed prior COVID outbreaks at Gilmer FCI but limited active cases at the time and some inmates/staff vaccinated; court found these conditions and defendant’s asserted health risks did not establish an extraordinary and compelling reason.
- Court weighed §3553(a) factors—seriousness of offenses (organizer, recruited juveniles, violent firearms incident), prior violent conviction, limited time served (~31 months, <1/3 of sentence), and lack of evidence of rehabilitation—and denied the motion.
Issues
| Issue | Plaintiff's Argument (United States) | Defendant's Argument (El Yousseph) | Held |
|---|---|---|---|
| Administrative exhaustion | Motion should be dismissed if not exhausted | Submitted warden request (Sept. 15, 2020) showing exhaustion | Exhaustion ultimately not contested and court proceeded |
| Extraordinary and compelling reasons (COVID risk) | Defendant offered no medical records; BMI alone and past smoking insufficient | Obesity, former chain smoker, ADHD, minority status increase COVID risk | Not extraordinary/compelling on this record |
| Risk at BOP / vaccine availability | Gilmer FCI infection rate controlled; vaccinations underway | BOP failed to address conditions and treatment needs | Court found institutional risk mitigated by improved control and vaccinations |
| §3553(a) sentencing factors | Factors weigh against release given leadership role, violent conduct, criminal history, limited time served | Release would be justified by medical risk and need for treatment | §3553(a) factors outweigh any asserted extraordinary reason; motion denied |
Key Cases Cited
- United States v. Jones, 980 F.3d 1109 (6th Cir. 2020) (district courts have discretion to define "extraordinary and compelling" reasons)
- United States v. Kincaid, [citation="802 F. App'x 187"] (6th Cir. 2020) (compassionate‑release relief is discretionary)
- United States v. Tranter, 471 F. Supp. 3d 861 (N.D. Ind. 2020) (BMI alone is an imprecise measure and insufficient without evidence of obesity‑related health issues)