United States v. PASS, 2:10-cr-00739

Pass pleaded guilty to mail fraud, was sentenced, released to supervised release, and repeatedly violated release conditions.
At an August 2018 violation hearing, Pass admitted to driving out of state and possessing non-controlled contraband; court imposed a sentence of one year and one day with no supervised release to follow.
While furloughed to a halfway house in Jan 2020 he violated the facility’s drug/alcohol policy and was returned to the Federal Detention Center (FDC) in Philadelphia, where he remains; projected release date was May 30, 2020.
Pass reports obesity, diabetes, and sleep apnea and sought compassionate release under 18 U.S.C. § 3582(c)(1)(A)(i) due to COVID-19; his administrative request to BOP was denied April 24, 2020.
The parties agree Pass exhausted administrative remedies and has medical conditions; the BOP had instituted containment measures at FDC and, at the time, had no confirmed inmate cases though two staff had tested positive (one recovered).
The Court denied compassionate release, finding no basis that Pass would face lower COVID-19 risk outside custody and that the § 3553(a) and § 3142(g) factors weighed against release given his drug use, driving under the influence, and repeated violations.

Issue	Plaintiff's Argument	Defendant's Argument	Held
1. Exhaustion of administrative remedies	Gov't: Exhaustion required and not met unless BOP denied.	Pass: He exhausted administrative remedies; BOP denied his request.	Court: Exhaustion satisfied.
2. Extraordinary and compelling reason (medical condition + COVID-19)	Gov't: Conditions are managed at FDC; no showing release would lower infection risk.	Pass: Obesity, diabetes, sleep apnea increase COVID-19 risk and justify compassionate release.	Court: Not met—no evidence he’d be safer outside and BOP mitigation reduces justification.
3. § 3553(a) sentencing factors	Gov't: Factors (public safety, deterrence, respect for law) weigh against release given history.	Pass: Offense nonviolent and supervised-release violations nonviolent; factors favor release.	Court: Factors weigh against reducing sentence to time served.
4. Dangerousness under § 3142(g)	Gov't: Pass’s drug use, drug-influenced driving, and repeated violations show danger to community.	Pass: He would live with fiancée and self-quarantine if released.	Court: Release would pose danger to others; dangerousness finding disfavors release.

Vanderklok v. United States, 868 F.3d 189 (3d Cir. 2017) (federal courts may take judicial notice of information on government websites)
United States v. Raia, 954 F.3d 594 (3d Cir. 2020) (existence of COVID-19 in society and possible spread to prisons alone does not justify compassionate release)