United States v. RAYMER
1:90-cr-00180
M.D.N.C.May 19, 2025Background
- Defendant, a 78-year-old Vietnam veteran, sought compassionate release from federal prison after serving over 35 years of a 52-year, 11-month, and 30-day sentence for multiple offenses, including armed robbery, escape, and firearms violations.
- His criminal history included repeated escapes from custody and violent offenses, resulting in his confinement under highly restrictive conditions at Florence ADMAX penitentiary for over 25 years.
- Defendant based his motions on age, declining health, length of incarceration, risk from COVID-19, and the health of his elderly wife.
- The Bureau of Prisons acknowledged Defendant’s age and health could be extraordinary and compelling reasons for relief, but ultimately denied a reduction.
- The Government opposed release, emphasizing Defendant’s extensive violent criminal history and the need for deterrence and public safety.
- Defendant also moved for appointment of counsel, citing inability to represent himself effectively and access medical records, but had already submitted substantial documentation.
Issues
| Issue | Defendant's Argument | Government's Argument | Held |
|---|---|---|---|
| Compassionate release for age/health | Defendant's advanced age, deteriorating health, and lengthy incarceration justify release | Age/health meet threshold but do not outweigh public safety and deterrence interests | Extraordinary reason shown; 3553(a) factors weigh against release |
| Harsh confinement conditions | Highly restrictive ADMAX confinement constitutes compelling circumstance | Placement is justified given escape history; conditions argument not proper under § 3582(c) | Not a compelling reason; result of Defendant’s own actions |
| Family circumstances (wife’s health) | Needs to aid elderly, diabetic wife with arthritis | No showing of spouse’s incapacitation or that Defendant is sole caregiver | Not a compelling reason; wife not incapacitated, others can assist |
| Risk from COVID-19 | Age/health increase COVID-19 risk while incarcerated | No showing risk is greater inside; adequately vaccinated; no current facility outbreak | Not a compelling reason; no outbreak, COVID risk not substantial in context |
| Appointment of counsel | Needs assistance due to health, inability to litigate, access to records | No constitutional right to counsel beyond the first appeal; already provided full documentation | Denied; no special need shown, records were accessible |
Key Cases Cited
- Dillon v. United States, 560 U.S. 817 (template for sentence modification under § 3582)
- United States v. Goodwyn, 596 F.3d 233 (finality of criminal sentences and exceptions)
- United States v. Martin, 916 F.3d 389 (court may consider post-sentencing conduct for compassionate release)
- United States v. Legree, 205 F.3d 724 (no right to counsel in post-conviction proceedings under § 3582)