United States v. Stacks, 3:01-cr-00135

Between Feb–May 2001 Stacks committed six bank robberies, two Hobbs Act robberies, a carjacking, and participated in a drug‑distribution conspiracy; he brandished a firearm during multiple offenses and stole over $72,300.
In July 2003 Stacks pled guilty to the charged offenses, including multiple §924(c) counts; the district court imposed concurrent prison terms for most counts plus consecutive mandatory §924(c) terms (one 84‑month and two 300‑month terms); a 2012 reduction shortened some counts.
Stacks (now 74) has served about 312 months; medical history includes two episodes of lymphoma (in remission) and chronic conditions (diabetes, hypertension, asthma, mobility problems requiring a walker, chronic pain).
Stacks requested compassionate release from the BOP in June 2021; the warden denied the request and he filed a §3582(c)(1)(A) motion in district court. The Government supports release to time served but opposes relying on the First Step Act to alter §924(c) stacking.
The court found Stacks meets the Sentencing Guidelines commentary criteria for age‑related deterioration (U.S.S.G. §1B1.13 n.1(B)), concluded he is not a danger to the community, and granted compassionate release, reducing his sentence to time served (Order dated Apr. 25, 2022).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Administrative exhaustion under 18 U.S.C. §3582(c)(1)(A)	United States did not oppose; Stacks contends he exhausted because the warden denied his request and 30 days lapsed	Stacks: administrative request was presented and denied; exhaustion satisfied	Court accepted exhaustion (warden denial + lapse satisfied the statutory requirement)
Extraordinary and compelling reasons—age/health per U.S.S.G. §1B1.13 n.1(B)	United States agreed Stacks’ age (74) and serious health decline qualify	Stacks asserted age, multiple chronic illnesses, mobility impairment, and cancer history warrant release	Court held Stacks met the guideline commentary criteria and found extraordinary and compelling reasons exist
Danger to the community	United States agreed Stacks no longer poses a danger given disciplinary record and time served	Stacks argued his conduct in custody and advanced age show low risk	Court found he no longer poses a danger (few, dated prison infractions; >25 years served for violent offenses)
Effect of First Step Act §403 on §924(c) stacked sentences	United States opposed using First Step Act to reduce stacked §924(c) terms for pre‑Act convictions	Stacks argued he would receive a lower sentence if sentenced today under changed §924(c) rules	Court did not rely on First Step Act §403 to modify sentence; relief granted based on age/health and danger analysis

United States v. McCoy, 981 F.3d 271 (4th Cir. 2020) (discussing whether courts may independently determine "extraordinary and compelling" reasons absent BOP motion)
United States v. Stacks, [citation="122 F. App'x 9"] (4th Cir. 2005) (appellate decision affirming district court judgment)