United States v. Hatch
2:22-cr-00128
| D. Utah | Apr 30, 2025Background
- Lincoln Hatch is serving a 63-month federal sentence for possession of a stolen firearm, concurrently with two Utah state sentences; he has served about 37 months (58%) of his sentence.
- Hatch has a long criminal record spanning 30 years, including violent offenses, drug convictions, and repeat violations of supervised release.
- He has participated in rehabilitation and education programs in prison but continues to struggle with substance abuse; he has not completed the Residential Drug Abuse Program (RDAP) as previously discussed with the court.
- Hatch seeks compassionate release to care for his elderly, ailing father, Gary Hatch, who recently lost his wife and has significant health issues with little family support.
- The government opposes release, arguing the family circumstances are not extraordinary and compelling under Sentencing Commission guidelines, and the § 3553(a) factors do not favor release.
Issues
| Issue | Hatch's Argument | Govt's Argument | Held |
|---|---|---|---|
| Exhaustion of administrative remedies | Properly requested BOP release; attached form as proof | BOP claims no record of request | Not resolved—denied on other grounds |
| Existence of extraordinary and compelling family circumstances | Father is incapacitated; Hatch is only available caregiver | Father's condition not incapacitating; other caregivers exist | Court finds issue could be met but moves on |
| Consistency with Sentencing Commission policy statements | Guidelines allow for release when only caregiver for parent | Guidelines not met; father not "incapacitated" per evidence | Court finds gray area, does not decide |
| Application of § 3553(a) factors | Time served and rehabilitation justify reduction to time served | Criminal history and public danger outweigh arguments for release | § 3553(a) factors weigh against release |
Key Cases Cited
- United States v. McGee, 992 F.3d 1035 (10th Cir. 2021) (three-step compassionate release analysis and district court discretion on prerequisites)
- United States v. Gross, 44 F.4th 1298 (10th Cir. 2022) (discretion and weighing of § 3553(a) factors in sentence modification contexts)
- United States v. Lisi, 440 F. Supp. 3d 246 (S.D.N.Y. 2020) (district court may deny compassionate release if § 3553(a) factors not satisfied even if extraordinary reasons exist)