United States v. Sineneng-Smith
5:10-cr-00414
N.D. Cal.May 2, 2022Background
- Defendant Evelyn Sineneng‑Smith was convicted of encouraging/inducing illegal immigration for private financial gain, mail fraud, and subscribing to a false tax return; sentenced to 18 months imprisonment, 3 years supervised release, a fine, and restitution.
- Her conduct involved operating an immigration consulting business in San Jose advising ineligible clients to apply for lawful permanent residence for a fee.
- After appeals, she surrendered to custody at FCI Dublin on October 18, 2021 and began serving her sentence; she is 74 years old with chronic cardiovascular and other conditions.
- On April 6, 2022 she moved for compassionate release under 18 U.S.C. § 3582(c)(1)(A), citing age, medical conditions, COVID‑19 risks (including Omicron/subvariants), lack of a second booster, and safety/medical concerns at FCI Dublin.
- The Government opposed, noting she has received a COVID vaccine and booster, institutional and local COVID rates were low, she received medical care in custody, and she had served only about one‑third of her sentence.
- The district court denied the motion on May 2, 2022, finding administrative exhaustion satisfied but concluding there were no extraordinary and compelling reasons for release and the § 3553(a) factors weighed against relief.
Issues
| Issue | Plaintiff's Argument (Government) | Defendant's Argument (Sineneng‑Smith) | Held |
|---|---|---|---|
| Administrative exhaustion | Warden request was received; exhaustion satisfied | She submitted a request to the warden (Nov. 8, 2021) | Court: exhaustion satisfied |
| Extraordinary and compelling reasons (COVID risk / medical conditions / booster access) | General pandemic risk insufficient; Ms. Sineneng‑Smith is vaccinated/boosted and receiving care; local/institutional risk low | Age (74), heart disease, hypertension, other conditions, lack of second booster, Omicron/subvariants and dormitory conditions create heightened risk | Court: COVID+medical evidence insufficient to show extraordinary and compelling reasons; denial |
| Section 3553(a) factors (punishment, deterrence, served portion) | 18‑month sentence already lenient; only ~1/3 served; need for deterrence and respect for law weigh against release | Short sentence, nonviolent offense, low recidivism risk for elderly, COVID made incarceration harsher than anticipated | Court: §3553(a) factors weigh against release; denial |
| Facility safety and BOP preparedness (alleged assaults, testing/vaccine data) | Reported low cases; BOP provided care and testing during surges | Alleged pattern of sexual assaults at FCI Dublin, inadequate testing/vaccine data, understaffing create unsafe conditions warranting release | Court: Defendant failed to tie these allegations to her own experience or show extraordinary and compelling reasons; denial |
Key Cases Cited
- United States v. Aruda, 993 F.3d 797 (9th Cir. 2021) (district courts may consider but are not bound by U.S.S.G. § 1B1.13 when defendants move for compassionate release)
- United States v. Furaha, 445 F. Supp. 3d 99 (N.D. Cal. 2020) (denial of compassionate release where limited portion of sentence served and COVID risks insufficient)