United States v. Selio
3:18-cr-04931
| S.D. Cal. | Apr 20, 2021Background
- Defendant Eric Selio pled guilty in 2018 to importing ~96 pounds of methamphetamine; court imposed 70 months custody and 3 years supervised release.
- At the time of the motion Selio had served ~26 months and was scheduled for BOP release on Feb 4, 2024.
- Selio moved for compassionate release under 18 U.S.C. § 3582(c)(1)(A), citing angina pectoris, ventricular arrhythmia, and hypertension (COVID-19 risk).
- The Government did not oppose and acknowledged heart conditions increase COVID-19 risks, but made no affirmative concession about relief.
- BOP medical records showed Selio’s conditions are being managed at USP Lompoc; Selio did not show BOP inability to treat him or that release would speed vaccine access.
- The court found medical risk alone insufficient and held that § 3553(a) factors (seriousness of offense, repeated international smuggling, deterrence, public protection) weigh against early release; motion denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Selio's medical conditions are "extraordinary and compelling" under 18 U.S.C. §3582(c)(1)(A) | Gov: Acknowledges heart conditions increase COVID risk but did not oppose relief generically | Selio: Serious cardiac conditions create extraordinary and compelling grounds for immediate release | Court: Medical conditions alone, without showing inadequate BOP care or other special circumstances, are insufficient; not extraordinary and compelling |
| Whether BOP inability to treat or lack of vaccine access justifies release | Gov: Did not contend BOP is unable to treat; no opposition based on inability shown | Selio: Implied that custody increases COVID risk and may limit access to vaccination/treatment | Court: Selio failed to show BOP cannot adequately manage his conditions or that release would improve vaccine access; records show adequate care |
| Whether §3553(a) sentencing factors support a reduced sentence despite health risks | Gov: Did not argue that §3553(a) favors release | Selio: Health risks warrant reduction to time served | Court: §3553(a) factors (serious offense, multiple prior smuggling ventures, need for deterrence and public protection) predominate and support keeping original sentence |
| Effect of Government's non-opposition | Gov: Did not formally oppose; acknowledged COVID risk from heart conditions | Selio: Relied on lack of opposition as supporting relief | Court: Government's lack of opposition does not require granting relief; court independently assesses §3582 and §3553(a) and denied motion |
Key Cases Cited
- No cases with official reporter citations were cited in the opinion.