United States v. Heatley
1:96-cr-00515
S.D.N.Y.May 14, 2024Background
- John Porter, a founding member of the "Preacher Crew," was convicted of multiple serious crimes involving racketeering, murder conspiracy, armed robbery, and firearms offenses related to violent acts in New York from the 1980s through the 1990s.
- He pled guilty in 1999 to four counts, including conspiracy to commit murder in aid of racketeering and two counts of using a firearm in furtherance of crimes of violence.
- Porter received a total sentence of 480 months (40 years), with statutory rules at the time requiring "stacked" mandatory consecutive sentences on his firearm charges.
- Porter filed a motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A), citing post-sentence rehabilitation, harsh prison conditions during COVID-19, and recent statutory changes that reduced certain mandatory minimums but were not retroactive.
- The government opposed the motion, arguing Porter’s conduct was very serious and the statutory changes did not apply retroactively to his case.
Issues
| Issue | Porter’s Argument | U.S. Argument | Held |
|---|---|---|---|
| Non-retroactivity of First Step Act “stacking” | Would face lower mandatory sentence now; non-retroactivity is unfair in this circumstance | Change is not retroactive and 8-year difference is not a gross disparity | Not extraordinary; court denies reduction on this basis |
| Rehabilitation as a basis for early release | Significant participation in rehab, GED, work, and educational programming justify reduction | Rehabilitation is expected, not extraordinary | Not extraordinary; rehabilitation alone is insufficient |
| COVID-19 and harsh confinement conditions | Pandemic and prior infection create heightened hardship and risk | Porter recovered from COVID-19; no unique risk claimed, hardships not unique | Not extraordinary; does not support compassionate release |
| Application of § 3553(a) factors | Porter did not personally commit violence, is older, and now less dangerous | Conduct was extremely serious, criminal history is significant, danger to community remains | § 3553(a) factors weigh against sentence reduction |
Key Cases Cited
- United States v. Brooker, 976 F.3d 228 (2d Cir. 2020) (courts have discretion to independently determine what constitutes extraordinary and compelling reasons for compassionate release)
- United States v. Butler, 970 F.2d 1017 (2d Cir. 1992) (burden of proof is on movant for sentence reduction)
- United States v. Booker, 543 U.S. 220 (2005) (advisory sentencing guidelines, relevant for changes in sentencing exposure)