United States v. Willis
382 F. Supp. 3d 1185
D.N.M.2019Background
- In 2010 Defendant Bobby Willis persuaded Joseph and Teresa Lee to transfer about $1,000,000 of their retirement savings for a real-estate investment and instead diverted the funds for his own use. He later misrepresented the investment's value.
- Indicted in 2015 on two counts of wire fraud (18 U.S.C. § 1343), Willis pled guilty and received a joint sentence of 24 months on each count (to run concurrently) and three years supervised release; the plea range was 0–24 months though the guidelines were 27–33 months.
- Willis began serving his sentence at a BOP medical facility in December 2018 and, after administrative denial by BOP, filed a compassionate-release motion under 18 U.S.C. § 3582(c)(1)(A) asserting terminal and severely disabling medical conditions and a life-expectancy of less than 18 months.
- The United States agreed Willis meets the medical criteria for compassionate release but opposed an immediate release, arguing the seriousness of the offense and need for just punishment and deterrence weigh against further leniency.
- The Court found Willis’s medical condition constituted an "extraordinary and compelling" reason and that any risk to the community can be managed on supervised release, but concluded the § 3553(a) factors — particularly the seriousness of the fraud, victim harm, deterrence, and disparity concerns — require he serve the remainder of his sentence.
- The Court denied Willis’s motion to reduce sentence; it noted Willis had already received a below-guideline sentence and had served only a limited portion of his term in custody when he sought release.
Issues
| Issue | Plaintiff's Argument (United States) | Defendant's Argument (Willis) | Held |
|---|---|---|---|
| Whether Willis exhausted administrative remedies | BOP denied relief; exhaustion satisfied | Willis contends he exhausted BOP process | Held: exhaustion satisfied (parties agree) |
| Whether Willis has "extraordinary and compelling" medical reasons for release | Concedes medical criteria met | Argues terminal prognosis and severe disability justify release | Held: "extraordinary and compelling" reasons exist |
| Whether compassionate release is consistent with Sentencing Commission policy (danger to community) | Argues fraud tendency indicates risk | Argues he is too frail to pose a danger | Held: risk manageable by supervised release; consistent with policy |
| Whether § 3553(a) factors warrant release | Opposes release: severity of offense, victim harm, deterrence, sentencing disparities | Seeks release: imprisonment in medical facility is "hard time," imminent death justifies leniency | Held: § 3553(a) factors weigh against release; motion denied |
Key Cases Cited
- United States v. Sample, 901 F.3d 1196 (10th Cir.) (harm from financial fraud relevant to § 3553(a) analysis)
- United States v. Walker, 844 F.3d 1253 (10th Cir.) (sentence length should reflect harm done)
- White v. United States, 378 F. Supp. 3d 784 (W.D. Mo.) (compassionate release for medical reasons is an extraordinary remedy)