United States v. Hylander
0:18-cr-60017
S.D. Fla.Apr 20, 2020Background
- Hylander pled guilty to receipt of child pornography (18 U.S.C. § 2252(a)(2)) and was sentenced to 63 months’ imprisonment and 10 years’ supervised release.
- At the time of the motion, Hylander had served 20 months and was incarcerated at FCI Jesup in Georgia.
- He filed an emergency motion under 18 U.S.C. § 3582(c)(1)(A) seeking transfer to home confinement with electronic monitoring due to COVID-19 risk.
- Hylander is 66 and has chronic conditions (hypertension, edema, GERD, ulcers, high cholesterol), is pre-diabetic and obese; he argued these create extraordinary and compelling reasons per CDC guidance.
- Government opposed, noting no reported COVID-19 cases at FCI Jesup, BOP mitigation measures, and public-safety concerns.
- Court evaluated (1) whether extraordinary and compelling reasons exist, (2) whether Hylander is a danger to the community, and (3) § 3553(a) factors, and denied the motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether court may reduce sentence under § 3582(c)(1)(A) for COVID-19 risk | Government: reduction unwarranted; BOP is addressing risks; no outbreak at facility | Hylander: COVID-19 pandemic and his medical conditions are extraordinary and compelling reasons for home confinement | Denied — no extraordinary and compelling circumstances shown given facility conditions and BOP measures |
| Whether Hylander is a danger to the community | Government: conviction and facts show risk of reoffense | Hylander: would be monitored on home confinement; argues health risks outweigh concerns | Denied — court found danger due to nature/extent of child pornography offenses and intended residence (same site as offense) |
| Whether § 3553(a) factors support release | Government: sentence necessary for punishment, deterrence, protection | Hylander: health and COVID-19 risks justify early transfer | Denied — court found original sentencing reasons still apply; has served <1/3 of sentence |
| Administrative exhaustion / procedural sufficiency | Government: BOP denied administrative request; procedural step completed/lapsed 30 days | Hylander: exhausted administrative remedies (BOP denied) | Procedural requirement satisfied; merits addressed and denied |
Key Cases Cited
- United States v. Hamilton, 715 F.3d 328 (11th Cir. 2013) (a defendant seeking a sentence reduction bears the burden of proving the reduction is appropriate)