570 F.Supp.3d 357
W.D. Va.2021Background
- Samuel L. Fennell was convicted by jury (May 5, 2014) of conspiracy to distribute cocaine powder and cocaine base (Count One of superseding indictment).
- At sentencing (Nov. 3, 2014) the court applied the career-offender guideline, yielding offense level 37, CHC VI, and a Guidelines range of 360 months to life; the court imposed 360 months.
- Fennell has been in federal custody since Aug. 8, 2013, is housed at FCI Petersburg Medium, and filed compassionate-release motions under 18 U.S.C. § 3582(c)(1)(A) (ECF Nos. 367, 377), arguing (1) Norman-era change means he would no longer be a career offender if resentenced, and (2) hypertension/COVID-19 risk.
- He submitted an administrative request to the warden (filed Feb. 29, 2020; received Mar. 23, 2020) and filed in district court after the 30-day lapse; the court assumed exhaustion for all asserted grounds.
- Fennell is fully vaccinated for COVID-19; the court concluded vaccination undercuts COVID-based extraordinary-and-compelling reasoning.
- The court found Norman-based sentencing disparity to be an "extraordinary and compelling" reason, recalculated Guidelines under current law (total offense level 34, CHC III → range 188–235 months), considered § 3553(a) factors, and reduced Fennell's term to 212 months.
Issues
| Issue | Fennell's Argument | Government's Argument | Held |
|---|---|---|---|
| Administrative exhaustion | He mailed request to warden and waited >30 days; thus exhausted. | Contends issue-specific exhaustion required for COVID claim because warden wasn't given that ground. | Court assumed exhaustion satisfied for all asserted grounds and proceeded (did not resolve issue definitively). |
| COVID-19 health risk as extraordinary-and-compelling reason | Hypertension makes him especially vulnerable to severe COVID-19 outcomes. | Vaccine availability and Fennell's completed vaccination negate extraordinary-and-compelling grounds. | Denied relief on COVID-19 ground: vaccination meant no extraordinary-and-compelling reason. |
| Effect of Norman on career-offender status | Norman controls: conspiracy under §846 is not a "controlled substance offense," so Fennell would not be a career offender today, dramatically lowering Guidelines. | Does not dispute change in law but argues §3553(a) factors weigh against release given seriousness and conduct. | Court found Norman-based disparity is an extraordinary-and-compelling reason to reduce sentence. |
| Application of §3553(a) and appropriate reduced term | Points to nonviolent offense, rehabilitation, training, limited disciplinary record; asks for significant reduction to current Guidelines range. | Emphasizes large-scale drug distribution, criminal history, false trial testimony, threats, and need for deterrence/public protection. | Balancing §3553(a) factors, court granted reduction to a mid-range sentence of 212 months as sufficient but not greater than necessary. |
Key Cases Cited
- United States v. Norman, 935 F.3d 232 (4th Cir. 2019) (held §846 conspiracy is not a "controlled substance offense" for career-offender definition)
- United States v. McCoy, 981 F.3d 271 (4th Cir. 2020) (district courts may consider sentencing disparity when deciding compassionate release)
- United States v. Lancaster, 997 F.3d 171 (4th Cir. 2021) (career-offender element requires the instant offense be a controlled substance offense)
- United States v. High, 997 F.3d 181 (4th Cir. 2021) (district courts must consider §3553(a) factors when resolving compassionate-release motions)
- United States v. Broadfield, 5 F.4th 801 (7th Cir. 2021) (availability of COVID-19 vaccines often precludes finding an extraordinary-and-compelling reason based solely on pandemic)
- United States v. Williams, 987 F.3d 700 (7th Cir. 2021) (held issue-specific exhaustion may be required under §3582(c)(1)(A))