2:13-cr-20600
E.D. Mich.Jul 10, 2020Background
- Farid Fata, an oncologist, was indicted in 2014 and pleaded guilty to 16 counts including 13 counts of health care fraud, one count of conspiracy to pay/receive kickbacks, and two counts of money laundering for knowingly administering unnecessary chemotherapy and tests to hundreds and submitting false claims.
- Sentenced on July 10, 2015 to 45 years’ imprisonment (well below the advisory Guidelines range of 175 years); incarcerated at FCI‑Williamsburg since August 2015.
- Fata filed for compassionate release under 18 U.S.C. § 3582(c)(1)(A) citing age, multiple medical conditions (type‑2 diabetes, neuropathy, low WBC/neutrophils, GI issues, mild cognitive impairment), and COVID‑19 risk; he submitted an administrative request to the Warden in Nov. 2019 which was denied Feb. 2020.
- The Government disputed exhaustion and argued Fata’s medical claims do not meet USSG §1B1.13 standards; the Court found administrative exhaustion satisfied and proceeded to the merits.
- The Court reviewed sealed BOP medical records, concluded Fata’s conditions are generally controlled and not terminal or substantially impairing self‑care, found COVID‑19 risk alone insufficient, and held Fata remains a danger based on the nature and extent of his crimes.
- Court denied the motion for compassionate release: no extraordinary and compelling reasons under §3582(c)(1)(A) and §1B1.13; §3553(a) factors (seriousness, deterrence, public safety) weigh strongly against release.
Issues
| Issue | Plaintiff's Argument (Fata) | Government's Argument | Held |
|---|---|---|---|
| Administrative exhaustion | 2019 warden request suffices to exhaust BOP remedies | 2019 request was not directed to COVID‑19 concerns and thus insufficient | Court found exhaustion satisfied (motion considered on merits) |
| Age as extraordinary and compelling reason | Age (55) plus comorbidities increases COVID risk | USSG §1B1.13 requires age ≥65 plus other criteria | Age criterion not met; release denied on this ground |
| Medical condition / COVID risk | Diabetes, low counts, cognitive issues make him high‑risk for severe COVID | BOP records show conditions controlled; not terminal or substantially limiting self‑care; BOP mitigation measures reduce risk | Medical condition and COVID risk do not qualify as extraordinary and compelling reasons |
| Dangerousness and §3553(a) factors | Fata claims rehabilitation and good institutional behavior | Crimes were extensive, profit‑driven, harmed many victims; early release would undermine punishment and deterrence | Court found Fata poses danger; §3553(a) factors weigh strongly against release |
Key Cases Cited
- United States v. Washington, 584 F.3d 693 (6th Cir. 2009) (district courts’ authority to modify a sentence is narrowly circumscribed)
- United States v. Rodriguez, 896 F.2d 1031 (6th Cir. 1990) (burden on defendant to prove facts warranting decreased punishment)
- United States v. Butler, 970 F.2d 1017 (2d Cir. 1992) (defendant bears burden to show circumstances justify reduced punishment)
- United States v. Raia, 954 F.3d 594 (3d Cir. 2020) (COVID‑19 in prisons alone does not independently justify compassionate release)
- Wilson v. Williams, 961 F.3d 829 (6th Cir. 2020) (BOP’s COVID‑19 response is extensive and relevant to release decisions)
- United States v. Kinkaid, [citation="805 F. App'x 394"] (6th Cir. 2020) (district court may consider percentage/time served when weighing §3553(a) factors for compassionate release)