United States v. Shepherd
1:14-cr-00257
E.D. Va.May 11, 2021Background
- Defendant Jerome Lewis Shepherd pleaded guilty (Oct. 16, 2014) to conspiracy to distribute cocaine/cocaine base; sentenced to 133 months imprisonment and five years supervised release (Jan. 16, 2015).
- Shepherd is incarcerated at FMC Lexington; projected BOP release date was August 9, 2022 (as of the opinion).
- On July 24, 2020 Shepherd requested compassionate release from the warden; the warden denied the request on Oct. 27, 2020 for lack of information; the district court found administrative remedies exhausted.
- Shepherd sought compassionate release under 18 U.S.C. § 3582(c)(1)(A), citing COVID-19 and personal medical conditions (hypertension, smoker, BMI over 30).
- The Government opposed release, arguing Shepherd failed to show extraordinary and compelling reasons and that § 3553(a) factors weigh against release.
- The court denied the motion, finding exhaustion satisfied but that Shepherd had not shown extraordinary and compelling reasons, and that the § 3553(a) factors favored continued incarceration.
Issues
| Issue | Plaintiff's Argument (United States) | Defendant's Argument (Shepherd) | Held |
|---|---|---|---|
| 1. Exhaustion under 18 U.S.C. § 3582(c)(1)(A) | Warden received request and >30 days lapsed so court may consider motion | Shepherd asserted he requested compassionate release from the warden | Court: exhaustion satisfied (lapse of 30 days); merits considered |
| 2. Extraordinary and compelling reasons based on medical risk/COVID-19 | No particularized susceptibility or particularized risk at FMC Lexington; mere existence of COVID-19 insufficient | Shepherd cites hypertension, smoking, BMI>30 and general COVID risk in prisons | Court: not shown — medical conditions not terminal or disabling as required; no particularized risk demonstrated; vaccines and BOP measures relevant |
| 3. § 3553(a) factors | Continued incarceration necessary to reflect seriousness, deter, protect public given offense and criminal history | Shepherd cites rehabilitation and program participation while incarcerated | Court: § 3553(a) factors favor keeping the 133-month sentence (serious offense, extensive prior record) |
| 4. Authority of U.S.S.G. § 1B1.13 after First Step Act | Commission policy is informative but courts may consider other extraordinary and compelling reasons | Shepherd urges court to consider COVID-era risks beyond strict § 1B1.13 categories | Court: Treats § 1B1.13 as guidance but concludes no other extraordinary and compelling reasons justify release; motion denied |
Key Cases Cited
- United States v. McCoy, 981 F.3d 271 (4th Cir. 2020) (district courts may consider any extraordinary and compelling reasons after First Step Act)
- United States v. Brooker, 976 F.3d 228 (2d Cir. 2020) (courts not limited to § 1B1.13 categories when ruling on compassionate release)
- United States v. Raia, 954 F.3d 594 (3d Cir. 2020) (mere presence of COVID-19 in prisons does not justify compassionate release)
- United States v. Rodriguez, 451 F. Supp. 3d 392 (E.D. Pa. 2020) (§ 1B1.13 factors are helpful but not necessarily constraining post-First Step Act)
- United States v. Redd, 444 F. Supp. 3d 717 (E.D. Va. 2020) (court may find extraordinary and compelling reasons beyond § 1B1.13 categories)
- United States v. Feiling, 453 F. Supp. 3d 832 (E.D. Va. 2020) (fear of COVID-19 alone insufficient for release)
- United States v. Brown, 411 F. Supp. 3d 446 (S.D. Iowa 2019) (discussing scope of compassionate-release standards)