United States v. Faulkner, 3:09-cr-00249

Michael Blaine Faulkner pleaded guilty under a Rule 11(c)(1)(C) agreement to conspiracy to commit wire and mail fraud (18 U.S.C. § 1349) and obstruction by concealing assets (18 U.S.C. § 1512(b)(2)(B)).
On May 25, 2012 the court sentenced Faulkner to 360 months’ imprisonment, 5 years supervised release, and ordered ~$18,242,752.47 in restitution; the plea capped his exposure at 360 months though guideline exposure was 480 months.
On July 29, 2020 Faulkner moved for compassionate release under 18 U.S.C. § 3582(c)(1)(A)(i), citing chronic asthma, hypertension, hypothyroidism (and COVID-19 risk), and his mother’s recent/impending major surgeries as family-care reasons; he also moved to file medical exhibits under seal.
The court granted the motion to file medical exhibits under seal.
The court found Faulkner did not show "extraordinary and compelling" reasons under U.S.S.G. § 1B1.13 and related commentary (COVID-19 risk alone insufficient; family circumstances did not meet application-note criteria).
The court further held that, even if extraordinary reasons existed, release would pose a danger to the community under 18 U.S.C. § 3142(g) given the seriousness of the offenses, Faulkner’s criminal history, and the substantial remaining term; the § 3582(c)(1)(A) motion was denied (Aug. 13, 2020).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Faulkner shows extraordinary and compelling medical reasons for compassionate release	United States: Faulkner’s medical claims are insufficiently specific to satisfy the policy-statement standard.	Faulkner: Chronic asthma, hypertension, hypothyroidism increase COVID-19 risk and justify release.	Denied — medical claims not shown to be extraordinary/compelling under U.S.S.G. §1B1.13.
Whether family circumstances justify compassionate release	United States: Faulkner’s family facts do not meet application-note 1(C) (caregiver/incapacitation) requirements.	Faulkner: Mother’s major surgeries incapacitate her; Faulkner’s release would enable necessary care.	Denied — family circumstances do not meet the Sentencing Commission’s criteria.
Whether release would endanger the community (safety under §1B1.13(2)/§3142(g))	United States: Given offense seriousness, criminal history, restitution, and remaining term, release would pose danger.	Faulkner: (implicitly) risk can be managed; compassionate release warranted given health/family needs.	Denied — court finds release would endanger community; safety factor weighs against release.
Motion to file medical exhibits under seal	United States: (no opposition noted in opinion).	Faulkner: Requests sealing to protect confidential medical records.	Granted — court allowed filing of medical records under seal.

United States v. Chambliss, 948 F.3d 691 (5th Cir. 2020) (describing §3582(c)(1)(A) post–First Step Act and requirement to find extraordinary and compelling reasons consistent with Sentencing Commission policy)
United States v. Raia, 954 F.3d 594 (3d Cir. 2020) (holding that the mere existence of COVID-19 in prisons, without more, does not independently justify compassionate release)