United States v. Maldonado, 4:15-cr-00632

Roger Maldonado pleaded guilty to two counts of sex‑trafficking by force, fraud, or coercion involving two (underage) victims and violent assaults; sentenced to concurrent 420‑month terms.
He is incarcerated at USP‑Terre Haute and is 32 years old.
In October 2020 Maldonado moved for compassionate release under 18 U.S.C. § 3582(c)(1)(A)(i), citing asthma and bronchitis and COVID‑19 risk.
The government contended Maldonado failed to exhaust administrative remedies and opposed release on the merits.
BOP medical records show controlled allergic rhinitis, asthma, and bronchitis; normal chest x‑rays; and treatment with inhalers/medication.
The Court denied the motion for lack of administrative exhaustion and, alternatively, found no extraordinary and compelling reasons under U.S.S.G. § 1B1.13, that Maldonado remained dangerous, and that § 3553(a) factors weighed against release.

Issue	Plaintiff's Argument	Defendant's Argument	Held
1. Administrative exhaustion	Maldonado sought court relief under § 3582(c)(1)(A)(i) due to COVID risk and medical conditions.	Maldonado did not submit a request to the warden or exhaust administrative remedies as required.	Motion denied for failure to exhaust mandatory pre‑filing administrative remedies.
2. Extraordinary and compelling reasons (medical)	Maldonado’s asthma/bronchitis and COVID risk constitute extraordinary and compelling reasons for release.	Medical records show conditions are controlled; not terminal or disabling under U.S.S.G. § 1B1.13.	Court held medical conditions are not extraordinary and compelling under the policy statement.
3. COVID‑19 risk alone	COVID‑19 creates an extraordinary risk warranting release.	Fear of COVID‑19 alone, absent specific heightened risk, does not justify release; BOP mitigation and vaccination efforts exist.	Fear of COVID‑19 alone insufficient; court relied on Raia/Thompson precedent and BOP measures.
4. Danger to community and § 3553(a) factors	Maldonado implied release could be managed; sought reduction in sentence.	Maldonado’s violent sex‑trafficking, prior violent record, and lack of evidence of non‑dangerousness weigh against release; § 3553(a) factors require punishment, deterrence, and public protection.	Court found Maldonado poses a danger and § 3553(a) factors disfavour reduction; denial upheld on discretionary grounds.

United States v. Franco, 973 F.3d 465 (5th Cir. 2020) (administrative‑exhaustion requirement is a mandatory claim‑processing rule)
United States v. Chambliss, 948 F.3d 691 (5th Cir. 2020) (compassionate‑release denial may be affirmed for dangerous violent offenders even with serious illness)
United States v. Thompson, 984 F.3d 431 (5th Cir. 2021) (fear of COVID‑19 alone does not justify compassionate release)
United States v. Raia, 954 F.3d 594 (3d Cir. 2020) (mere existence of COVID‑19 in prisons cannot independently justify release given BOP’s role)
United States v. Rivas, [citation="833 F. App'x 556"] (5th Cir. 2020) (applying U.S.S.G. § 1B1.13 factors to deny compassionate release)