United States v. ROPER
2:16-cr-00335
E.D. Pa.Mar 15, 2021Background
- Jeffrey Roper pled guilty to possession and distribution of child pornography (nearly 43,000 images/videos, including images of infants/toddlers and doctored images of personally known children) and was sentenced to 120 months imprisonment + 25 years supervised release.
- At decision, Roper (age 51) had served ~4 years at FCC Allenwood Low; no disciplinary infractions reported; BOP expected release in Aug. 2025.
- Medical profile: BMI 31.3 (obese), hypertension, rheumatoid arthritis, high cholesterol, hypothyroidism, and prediabetes; BOP treating his conditions and records show no complications.
- COVID-19 facts: FCI Allenwood Low had a very low active case count; Roper received first Moderna vaccine dose on Jan. 5, 2021 and likely received the second; BOP has high vaccine utilization.
- Procedural posture: Roper moved for compassionate release under 18 U.S.C. § 3582(c)(1)(A), asserting his medical conditions and COVID-19 risk are extraordinary and compelling; the Government opposed.
- Disposition: Court found Roper exhausted administrative remedies, held his COVID-related risk (after vaccination and given low facility cases) is not an extraordinary and compelling reason for release, and concluded he poses a danger to the community; motion denied.
Issues
| Issue | Roper's Argument | Government's Argument | Held |
|---|---|---|---|
| Administrative exhaustion | Roper satisfied BOP exhaustion | Government did not dispute exhaustion | Exhaustion met / court considered motion |
| Extraordinary & compelling reasons (COVID/health) | Roper's obesity, hypertension, and other conditions place him at high risk of severe COVID-19 | Conditions are managed by BOP; facility infection rate low; Roper has been vaccinated | Not extraordinary/compelling given vaccination and low facility risk |
| Dangerousness to community | Roper contends release is warranted | Seriousness of offenses, ease of reoffending via internet, and limited time served argue danger | Court found Roper poses a danger; weighs against release |
| 18 U.S.C. § 3553(a) / time served | Roper seeks reduction despite having served ~4 years | Sentence seriousness and relatively small portion served weigh against reduction | Court declined to perform full § 3553(a) balancing after finding danger; denial stands |
Key Cases Cited
- United States v. Roeder, [citation="807 F. App'x 157"] (3d Cir. 2020) (mere presence of COVID-19 in society and prison does not alone justify compassionate release)
- United States v. Raia, 954 F.3d 594 (3d Cir. 2020) (BOP's role and efforts to curb COVID-19 limit courts' use of compassionate release based solely on pandemic)
- United States v. Rodriguez, 451 F. Supp. 3d 392 (E.D. Pa. 2020) (discussing compassionate release standards and consideration of extraordinary and compelling reasons)