United States v. Shareef
1:06-cr-00919
N.D. Ill.May 19, 2025Background
- Derrick Shareef was sentenced to 35 years in prison in 2008 after pleading guilty to attempting to use a weapon of mass destruction, related to a planned attack on a mall, which was disrupted by law enforcement via an undercover informant.
- At the time of the offense, Shareef was 21 years old and described as impressionable, with a difficult upbringing and lacking stable parental guidance.
- The offense was planned in cooperation with an FBI informant who, according to Shareef, heavily influenced and pressured him in both religious and ideological terms.
- Shareef's rehabilitation in prison has been extensive, with numerous positive statements from prison staff and participation in educational and programmatic efforts over the course of his incarceration.
- Shareef filed a motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A), arguing his rehabilitation, youth at the time of offense, and government inducement as grounds for sentence reduction.
- The Court had previously denied a § 2255 motion challenging the sentence on ineffective assistance of counsel and entrapment grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether extensive rehabilitation qualifies as 'extraordinary and compelling' reason for release | Shareef argued his significant rehabilitation invalidates the need for continued incarceration. | Rehabilitation alone is not sufficient under the law. | Rehabilitation alone cannot justify sentence reduction. |
| Whether youth/brain development at the time of offense supports release | Shareef contended his underdeveloped brain contributed to the offense and warrants leniency. | These mitigation factors were presented and rejected at sentencing. | Previously argued and considered, not grounds for reduction now. |
| Whether the government informant's inducement supports release | The informant's manipulation and pressure played an extraordinary role in the offense. | This factor was weighed at sentencing and rejected by the judge. | Factor already considered; not grounds for sentence reduction. |
| Cumulative effect of all three grounds (rehabilitation, youth, inducement) | The combination of factors collectively meets the 'extraordinary and compelling' standard. | The same factors were weighed and rejected at sentencing; no legal basis for different result. | Cumulative effect does not constitute extraordinary reasons. |
Key Cases Cited
- United States v. Thacker, 4 F.4th 569 (7th Cir. 2021) (compassionate release available only for extraordinary and compelling reasons)
- United States v. Newton, 996 F.3d 485 (7th Cir. 2021) (court's discretion in compassionate release is limited by statutory and policy statement standards)
- United States v. Vaughn, 62 F.4th 1071 (7th Cir. 2023) (court may consider factors collectively when assessing compassionate release)
- United States v. Peoples, 41 F.4th 837 (7th Cir. 2022) (rehabilitation alone not extraordinary and compelling reason for release)
