United States v. Roussell
2:22-cr-00001
| E.D. La. | Jun 18, 2025Background
- Rodney Roussell was convicted of bank fraud under 18 U.S.C. § 1344 for embezzling over $200,000 from his employer, who hired him through a re-entry program for those with criminal records.
- Roussell pled guilty, was sentenced to 70 months' imprisonment, five years' supervised release, and ordered to pay restitution.
- Roussell filed a Motion for Compassionate Release under 18 U.S.C. § 3582(c)(1)(A), arguing family caregiving responsibilities, rehabilitation efforts, and favorable sentencing factors.
- The government opposed, arguing Roussell failed to demonstrate extraordinary and compelling reasons for release under policy statements and statutory requirements.
- Roussell also sought appointment of counsel for his motion, claiming complexity and just cause for legal assistance.
- The court considered his motions after exhaustion of administrative remedies and full briefing by both sides.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Appointment of Counsel for Compassionate Release Motion | Roussell is entitled or needs counsel for complex issues | No statutory/constitutional right; Roussell's filings are adequate | Denied; no statutory right or justice-based need |
| Compassionate Release—Family Circumstances | Only available caregiver for incapacitated parents; meets policy requirement | Parents not completely incapacitated; father available; others available | Denied; not the only caregiver or extraordinary |
| Compassionate Release—Other Reasons (Rehabilitation) | Rehabilitation and good conduct are extraordinary and compelling | Rehabilitation alone not sufficient; must be similar in gravity to enumerated | Denied; not extraordinary under policy |
| 18 U.S.C. § 3553(a) Sentencing Factors and Release | Factors favor release given personal circumstances and conduct | Offense severity and criminal history oppose early release | Denied; § 3553(a) factors weigh against release |
Key Cases Cited
- Pennsylvania v. Finley, 481 U.S. 551 (no right to counsel in post-conviction proceedings beyond first appeal)
- Ward v. United States, 11 F.4th 354 (clarifies burden and process for compassionate release motions)