United States v. Simmons
Criminal No. 2015-0025
| D.D.C. | Nov 2, 2021Background
- Simmons pled guilty (June 23, 2016) to conspiracy to distribute 100+ grams of a PCP mixture; a §851 notice triggered a 10‑year mandatory minimum and he was sentenced to 120 months on September 15, 2016.
- At the time of his reply he had served ~74 months of the 120‑month sentence.
- The mother of his son, Chevella Coleman, died August 31, 2020; Simmons seeks compassionate release to care for their son (L.A.) and to preserve/appeal parental rights.
- Simmons submitted a compassionate‑release request to the BOP on October 7, 2020; BOP denied it October 26, 2020; the Government concedes exhaustion as to the child‑care claim.
- While Simmons argued the child was being cared for by a rotating set of relatives, a Prince George’s County (MD) family court awarded sole physical and legal custody of L.A. to Anquneta Coleman in July 2021.
- The Government opposed release on the grounds Simmons failed to show extraordinary and compelling reasons and §3553(a) factors (offense seriousness, culpability, recidivism risk) counsel against reduction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Administrative exhaustion | Gov't: Simmons exhausted only as to caring for son, not as to caring for his mother | Simmons: his BOP letter put BOP on notice of both child and mother's COPD | Court: exhaustion satisfied for child claim; the letter gave BOP fair notice of mother's condition so court may consider it |
| "Extraordinary and compelling" — care for minor child | Gov't: alternative, suitable caregiver exists (Anquneta); family court awarded custody; no extreme unavailability | Simmons: mother's death, child's instability, need for defendant to provide stability and participate in custody proceedings | Court: Not extraordinary/compelling—custody awarded to Anquneta; release would require re‑weighing custody merits |
| Preservation of parental rights / ability to appeal custody | Gov't: speculative; family court procedure, not grounds for release | Simmons: needs release to appeal custody decision and remain in son's life | Court: speculative and insufficient; family‑court disputes do not by themselves justify release |
| Section 3553(a) factors / sentence reduction appropriateness | Gov't: offense serious; Simmons highly culpable; prior convictions and mandatory minimum justified continued detention | Simmons: served >60%, good institutional record, COVID conditions, family needs | Court: §3553(a) factors weigh against release given quantity of drugs, firearm involvement, criminal history, and relative culpability |
Key Cases Cited
- Freeman v. United States, 564 U.S. 522 (2011) (finality rule and narrow exceptions to modifying a term of imprisonment)
- United States v. Long, 997 F.3d 342 (D.C. Cir. 2021) (policy statement §1B1.13 not binding for defendant‑filed compassionate‑release motions)
- United States v. Johnson, [citation="858 F. App'x 381"] (D.C. Cir. 2021) (discussing post‑First Step Act compassionate‑release framework)
- United States v. Johnson, 464 F. Supp. 3d 22 (D.D.C. 2020) (applying §3553(a) balancing when considering compassionate release)
- Shabazz v. United States, 502 F. Supp. 3d 194 (D.D.C. 2020) (eldercare alone ordinarily does not constitute extraordinary and compelling circumstances)
Outcome: Defendant Simmons's emergency motion for compassionate release is denied without prejudice.