United States v. Smith
2:15-cr-00149-JTM-APR
| N.D. Ind. | Jun 27, 2025Background
- Gregory Smith pleaded guilty in 2019 to multiple Hobbs Act robberies and related firearm offenses, receiving an effective sentence of 314 months, later reduced to 291 months due to amendments in sentencing guidelines.
- Smith filed a motion for compassionate release under 18 U.S.C. § 3582(c), claiming several grounds, including changes in law, family circumstances, health risks due to COVID-19, rehabilitation, and his youth at the time of the offense.
- The government conceded Smith had exhausted administrative remedies, so the court considered whether he demonstrated "extraordinary and compelling" reasons for release.
- Smith based part of his claim on a recent Sentencing Commission policy change (§ 1B1.13) and the Supreme Court's decision in United States v. Taylor, arguing his sentence was unlawfully enhanced.
- Smith also cited the need to care for his grandmother, risk of COVID-19 due to a heart murmur, harsh prison conditions during the pandemic, his rehabilitation, and his age at the time of the crimes.
- The court found none of these grounds met the statutory requirements for compassionate release.
Issues
| Issue | Smith's Argument | Government's Argument | Held |
|---|---|---|---|
| Whether a change in law or guideline supports release | Taylor's ruling and new guideline show sentence disparity | Judicial decisions can't serve as a basis for release | Denied; not an extraordinary reason |
| Whether family circumstances justify release | He is needed to provide financial support for grandmother | He is not sole caregiver and no direct care provided | Denied; does not meet standard |
| COVID-19 as basis for release | Heart murmur puts him at risk; harsh lockdown conditions | Vaccine available; risk not extraordinary | Denied; not an extraordinary reason |
| Rehabilitation and youth as extraordinary reason | Rehabilitation, young age at offense support release | Neither alone nor together justify release | Denied; not extraordinary/compelling |
Key Cases Cited
- United States v. Brock, 39 F.4th 462 (7th Cir. 2022) (judicial decisions cannot establish extraordinary and compelling reasons for compassionate release)
- United States v. King, 40 F.4th 594 (7th Cir. 2022) (compassionate release cannot be substitute for direct appeal or § 2255)
- United States v. Martin, 21 F.4th 944 (7th Cir. 2021) (legal challenges to a sentence are not proper under compassionate release)
- United States v. Ugbah, 4 F.4th 595 (7th Cir. 2021) (access to COVID-19 vaccine undercuts claim for compassionate release based on pandemic)
- United States v. Vaughn, 62 F.4th 1071 (7th Cir. 2023) (COVID-19 risk not extraordinary reason if comparable outside prison)