United States v. Hall
5:98-cr-00007-DCR
| E.D. Ky. | Dec 13, 2019Background
- Rex D. Hall was convicted after a 1998 jury trial of conspiracy and possession with intent to distribute marijuana and cocaine and was sentenced on June 26, 1998 to life imprisonment on each count.
- Hall was 55 at sentencing; he has served ~22 years and is now 76 years old (turning 77 in Jan. 2020).
- Hall submitted a compassionate-release request to the FCI Victorville warden on Jan. 22, 2018; the warden denied it on Mar. 22, 2019 (stating he was not experiencing deteriorating health that substantially diminished his functioning).
- Hall filed a pro se motion for compassionate release / sentence reduction under 18 U.S.C. § 3582(c)(1)(A) (First Step Act) on Nov. 25, 2019.
- The government opposed, arguing Hall did not show "extraordinary and compelling" reasons and that release would be inconsistent with applicable Sentencing Commission policy.
- The Court denied Hall’s motion, concluding he failed to meet U.S.S.G. § 1B1.13 and BOP Program Statement 5050.50 standards (not terminal, no substantial loss of self-care, and he has not served the BOP’s 50% service threshold for "other reasons").
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Exhaustion of administrative remedies under 18 U.S.C. § 3582(c)(1)(A) | (implicit) defendant satisfied exhaustion/lapse requirements after warden denial | Hall: requested relief from warden; waited after denial and then moved to court | Court proceeded on motion; exhaustion effectively met (motion considered), but relief denied on merits |
| Whether Hall has "extraordinary and compelling reasons" based on medical condition | Govt: Hall is not terminal, not substantially diminished in self-care, so no extraordinary/compelling reason | Hall: chronic/serious medical conditions and age-related deterioration warrant release | Court: Hall is not terminal and has not shown his ability for self-care is substantially diminished; medical claim fails |
| Whether Hall qualifies under the Age guideline or "other reasons" (U.S.S.G. §1B1.13 n.1 / BOP PS 5050.50) | Govt: Even if age considered, Hall does not show "serious deterioration" and fails BOP criteria (including service percentage) | Hall: age (76), long sentence, rehabilitation and deteriorating health justify release | Court: Age criterion not met (no serious deterioration); "other reasons" under BOP PS 5050.50 fail primarily because Hall has not served the required 50% of his sentence |
| Consistency with Sentencing Commission policy and § 3553(a) factors / danger to community | Govt: Release would be inconsistent with U.S.S.G. §1B1.13 and not warranted under §3553(a) | Hall: argued long sentence and rehabilitation support release | Court: Must follow applicable policy statement; Hall did not meet it, so compassionate release denied (court considered §3553(a)) |
Key Cases Cited
- No authorities with official reporter citations were relied on in this opinion. The opinion instead applies 18 U.S.C. § 3582(c)(1)(A), U.S.S.G. § 1B1.13, and BOP Program Statement 5050.50 in analyzing Hall’s request.