United States v. Kenney
2:13-cr-20001
E.D. Mich.Dec 9, 2020Background
- Defendant Walando Kenney, serving at FCI Hazelton, moved for compassionate release under 18 U.S.C. § 3582(c)(1)(A) citing COVID-19 risks.
- Kenney pled guilty to possession with intent to distribute ~189 grams of heroin; original sentence 92 months later reduced to 77 months.
- Kenney is obese (BMI 32.7), a CDC-listed risk factor for severe COVID-19 illness.
- BOP reported only three inmates infected at FCI Hazelton and has implemented nationwide mitigation measures (including home confinement placements).
- Kenney has an extensive criminal history—over a dozen felony convictions across ~30 years, including weapons and theft-related offenses.
- The Court considered the Sixth Circuit’s three-step framework for § 3582(c)(1)(A) motions and § 3553(a) sentencing factors and denied the motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Kenney shows "extraordinary and compelling" reasons due to COVID-19 risk | Gov't: generalized COVID risk and BOP measures do not satisfy the standard | Kenney: obesity plus COVID prevalence at BOP facilities creates extraordinary risk | Court: obesity is a risk factor but Kenney failed to show an unacceptably high exposure risk at Hazelton; generalized risk insufficient → not persuasive |
| Whether the Sentencing Commission policy statement controls inmate-filed motions | Gov't: policy statement limits eligibility and should be considered | Kenney: court can define "extraordinary and compelling" for inmate motions | Court: cites Sixth Circuit allowing judges discretion on definition for inmate-filed motions but still evaluated facts and BOP response |
| Whether release would endanger the community or be appropriate under § 3553(a) | Gov't: Kenney’s extensive, recidivist criminal history and seriousness of offense weigh against release | Kenney: (implicit) COVID risk warrants release despite history | Court: Kenney poses danger and § 3553(a) factors (deterrence, protection, respect for law) weigh strongly against release → motion denied |
Key Cases Cited
- Wilson v. Williams, 961 F.3d 829 (6th Cir. 2020) (recognizing BOP COVID-19 mitigation efforts)
- United States v. Stone, 608 F.3d 939 (6th Cir. 2010) (drug-trafficking defendants may be detained on dangerousness grounds)
- United States v. Ruffin, 978 F.3d 1000 (6th Cir. 2020) (district courts may deny compassionate release under § 3553(a) even if extraordinary reasons exist)