United States v. Givens
5:14-cr-00074-DCR
E.D. Ky.Mar 21, 2022Background:
- Gibson pleaded guilty in 2014 to one count of conspiracy to distribute oxycodone and was sentenced in 2015 to 145 months imprisonment and five years supervised release.
- He is incarcerated at USP Marion (projected release Sept. 18, 2024) and filed a third compassionate-release motion under 18 U.S.C. § 3582(c)(1)(A)(i).
- Prior motions for compassionate release were denied in April and October 2021; this motion reiterates multiple bases for relief.
- Gibson argued a range of grounds: Guidelines miscalculation (quantity/withdrawal), entitlement to a mitigating-role adjustment under Amendment 794, challenges to § 841 citation, medical conditions/COVID-19 risk, and family circumstances.
- The government opposed relief, arguing many claims are improper in a § 3582 motion, the medical/COVID risk is insufficient, Amendment 794 is not retroactive, and the § 3553(a) factors weigh against release.
- The Court denied the motion: (1) many arguments are not cognizable in a compassionate-release motion, (2) Gibson failed to show extraordinary and compelling reasons, and (3) the § 3553(a) factors weigh against reduction.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper vehicle / whether sentencing or conviction challenges can justify compassionate release | Many such claims are not cognizable via § 3582; relief should be in direct appeal or § 2255 | Claims about miscalculation, withdrawal, §3B1.2, and §841 citation justify relief | Court: Challenges to conviction/sentence that arose at sentencing are not extraordinary and compelling and generally not proper in §3582 motions; denied |
| Amendment 794 / mitigating-role (§3B1.2) | Amendment 794 only clarified Application Notes, is not listed as retroactive, and would not change outcome | Amendment 794 supports a mitigating-role adjustment and warrant reduction | Court: Amendment 794 is non-retroactive and would not materially alter Gibson’s role; no relief |
| Medical conditions and COVID-19 risk | Vaccination and facility conditions mitigate risk; medical conditions not shown severe and lack supporting documentation | High blood pressure, obesity, respiratory and vascular issues and vaccine may be insufficient against variants | Court: Gibson is vaccinated; medical records lacking; conditions do not meet extraordinary-and-compelling criteria; COVID risk does not justify release |
| §3553(a) factors (danger, punishment, deterrence, history, rehabilitation, family) | Serious offense, large personal distribution, threats, extensive criminal history make release inappropriate | Rehabilitation, sobriety, and family needs support shortening sentence | Court: §3553(a) factors continue to weigh against reduction given offense seriousness and criminal history; denied |
Key Cases Cited
- United States v. Elias, 984 F.3d 516 (6th Cir. 2021) (framework for compassionate-release three-step inquiry and Sentencing Commission role)
- United States v. Jones, 980 F.3d 1098 (6th Cir. 2020) (compassionate-release standard quoted regarding statutory framework)
- United States v. Hunter, 12 F.4th 555 (6th Cir. 2021) (definition of "extraordinary and compelling" and limits on post-sentencing inquiry)
- United States v. Tomes, 990 F.3d 500 (6th Cir. 2021) (§1B1.13 may be permissively considered though not binding)
- Martin v. Franklin Capital Corp., 546 U.S. 132 (2005) (standards governing district court discretion)
- United States v. Lemons, 15 F.4th 747 (6th Cir. 2021) (access to COVID-19 vaccine undermines COVID-based compassionate-release claims)
- United States v. Broadfield, 5 F.4th 801 (7th Cir. 2021) (similar holding on vaccine availability and COVID risk)
- United States v. McKinnie, 24 F.4th 583 (6th Cir. 2022) (applied Lemons post-Omicron)
- United States v. Bucio, [citation="857 F. App'x 217"] (6th Cir. 2021) (withdrawal from conspiracy requires affirmative action to defeat or disavow conspiracy)