United States v. Weaver
2:13-cr-00120
| E.D.N.Y | Jun 16, 2020Background
- Scott Doumas was convicted by jury of conspiracy to commit mail and wire fraud (18 U.S.C. § 371) and mail fraud (18 U.S.C. § 1341); sentenced to 48 months imprisonment and ordered to pay $290,664.02 restitution to 25 victims. Second Circuit affirmed. He began serving his sentence July 14, 2019.
- In March–May 2020, Doumas sought compassionate release and, separately, home confinement from FMC Lexington due to poorly controlled diabetes and COVID-19 risk; the warden denied home confinement and acknowledged his compassionate-release request was under review.
- Doumas filed a § 3582(c)(1)(A) motion for compassionate release on May 28, 2020, arguing his diabetes makes him especially vulnerable to severe COVID-19 complications. The government opposed.
- The court acknowledged the government’s concession that Doumas’s diabetes is a serious condition under the Sentencing Commission guidance, and noted FMC Lexington’s reported declining COVID-19 cases and that Doumas’s housing unit had no confirmed cases as of June 8, 2020.
- The court found that, even accepting heightened medical vulnerability, the § 3553(a) sentencing factors (seriousness of the offense, deterrence, restitution, and avoiding unwarranted disparities) weighed against release; it denied the motion without prejudice to renewal if conditions materially worsen.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Exhaustion of administrative remedies | Not disputed; plaintiff contends exhaustion/lapse of 30 days satisfied | BOP processed request; no dispute | Exhaustion requirement satisfied |
| Whether medical condition + COVID risk are "extraordinary and compelling" | N/A | Doumas: poorly controlled diabetes creates high risk of severe COVID-19, qualifying as extraordinary and compelling | Court accepted diabetes as a qualifying serious condition but did not find that fact alone mandates release |
| Whether § 3553(a) factors support compassionate release | N/A | Doumas: health risk justifies early release | Court held § 3553(a) factors (seriousness, deterrence, restitution, disparity) weigh against reducing sentence |
| Request for recommendation of home confinement | N/A | Doumas requested compassionate release or transfer to home confinement | Court declined to recommend home confinement at this time; denial without prejudice to renewal if facility situation worsens |
Key Cases Cited
- United States v. Raia, 954 F.3d 594 (3d Cir. 2020) (BOP’s role and mitigation efforts limit compassionate-release relief based solely on generalized COVID-19 risk)