United States v. O'Leary
9:19-cr-00033
D. Mont.Apr 2, 2020Background
- In Sept. 2019, Patrick R. O’Leary pleaded guilty to possession with intent to distribute methamphetamine and possession of a firearm in furtherance of a drug-trafficking offense.
- On Jan. 10, 2020, the court sentenced O’Leary to the statutory minimum five years on the §924(c) count and 60 months on the drug count, for a total of 10 years.
- O’Leary is housed at Crossroads Correctional Facility (Montana) and was awaiting transfer to FCC Butner; the U.S. Marshals planned transport within weeks of the decision.
- O’Leary moved under 18 U.S.C. § 3582(c)(1)(A)(i) for compassionate release to time served, citing rapidly deteriorating health and a need for a liver transplant that he says is available only if released.
- He conceded he had not exhausted Bureau of Prisons (BOP) administrative remedies and argued urgency and BOP’s awareness of his condition should excuse exhaustion.
- The court denied the motions on April 2, 2020, because O’Leary failed to exhaust administrative remedies required by the First Step Act.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §3582(c)(1)(A)(i) permits district-court consideration before defendant exhausts BOP remedies | O’Leary: Court should act now due to urgent, extraordinary medical circumstances | Government: Exhaustion is a statutory prerequisite; O’Leary failed to exhaust | Court: Exhaustion is a mandatory threshold; denial for failure to exhaust |
| Whether BOP’s knowledge of O’Leary’s medical condition excuses exhaustion (constructive notice) | O’Leary: BOP was aware of his medical condition, so exhaustion should be excused | Government: Awareness of condition ≠ notice of a compassionate-release request; no indication BOP said appeals were unavailable | Court: Constructive-notice exception not applicable; distinguishes Gonzalez; exhaustion not excused |
| Whether O’Leary’s medical condition is an ‘extraordinary and compelling’ reason | O’Leary: His terminal illness and need for a transplant qualify | Government: Did not reach the merits because of the exhaustion failure | Court: Did not reach merits due to failure to exhaust |
Key Cases Cited
- United States v. Brown, 411 F. Supp. 3d 446 (S.D. Iowa 2019) (characterizing the exhaustion requirement as a 'threshold matter')