IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NORTH CAROLINA

WESTERN DIVISION
No. 5:1 1-cr-135-BO-l

UNITED STATES OF AMERICA )

)
V. ) ORDER
)
CHAUNCEY HAWKINS )

This cause comes before the Court on defendant' s moti on for compassionate release. The

government has responded in opposition and the matter is ripe for ruling. For the reasons that

fo llow, defendant' s motion is granted.

BACKGROUND

In Jul y 2013 , defendant pleaded gui lty to one count of conspiracy to distribute and possess

with intent to distribute 1 kilogram or more of heroin . The Court sentenced defendant to 168

months' imprisonment fo ll owed by 4 years of supervised re lease. Defendant' s sentence was

reduced to 135 months pursuant to a retroactive amendment to the sentencing guidelines. He is

currently scheduled for release in August 202 1.

Defendant fi led the instant compassionate release motion on June 2, 2020. He is 45 years

old and suffers from latent tuberculosis . He also has suffered from multiple bouts each of acute

laryngopharyngiti s, acute bronchitis, and bronchopneumonia. Defendant contends that, in light of

hi s health conditions, the COVID-19 pandemic puts hi s li fe in serious jeopardy, and that this

qualifies as an extraordinary and compelling reason warranting relief under 18 U.S .C. §

3582(c)(l)(A).

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 DISCUSSION

Subj ect to few exceptions, a sentence that has been imposed may not be modified. 18

U.S.C. § 3582(c). One exception to this general rule applies where a defendant qualifies for a

modification in his sentence due to certain age, health, or family circumstance factors, often

referred to as compassionate release. 18 U.S.C. § 3582(c)(l)(A). Prior to the passage of the First

Step Act on December 21, 2018 , 1 the discretion to file a motion for compassionate release under

§ 3582(c)(l )(A) rested entirely with the Director of the BOP. Section 603 of the First Step Act

amended§ 3582(c)( l )(A) to provide that a defendant may request compassionate release from the

sentencing court after exhausting his admini strative remedies.

Compassionate release may be avai labl e to defendants where (1) extraordinary and

compelling reasons warrant a reduction in the sentence or (2) a defendant who is serving a

sentenced imposed pursuant to 18 U.S.C. § 3559(c) is at least seventy years old and has served at

least thirty years in prison. 18 U.S .C. §§ 3582( c)( 1)(A)(i)-(ii). A reduction under either section

must be consistent with applicable policy statements issued by the United States Sentencing

Commission. Id. at (c)(l)(A). When reducing a term of imprisonment via compassionate release,

a court "may impose a term of probation or supervised re lease with or without conditions that does

not exceed the unserved portion of the original term of imprisonment[.]" Id.

The Guidelines provide three categories of circumstances that are extraordinary and

compelling. U.S.S.G. § lBl.13 , comment. n.1. The first concerns the medical condition of the

defendant (section A), the second concerns the age of the defendant (section B), and the third

concerns the family circumstances of the defendant (section C). There is also a fourth category, a

catchall provision , which permits the Director of the Bureau of Prisons to identify other

1
Pub. L. 11 5-391 , 132 Stat. 5194.

Case 5:11-cr-00135-BO Document 78 Filed 07/29/20 Page 2 of 5

extraordinary circumstances that are not set out by the Guidelines (section D) . U.S.S.G. § lB 1.13

comment. n.1 (A)- (D). Th is Court is in agree ment with the other courts that have decided that

j ud ges have discretion to afford relief to defendants under § 3582(c)(l )(A) even where their

circumstances do not fit squarely within the current policy statement of the Sentencing

Commission as reflected in U.S .S.G. § lBl.1 3. United States v. Maumau , No. 2:08 -CR-007 58-

TC-l l , 2020 WL 806 121 , at *4 (D. Utah Feb . 18 , 2020) (listing cases holding same). While the

app li cable policy statement " provides hel pful guidance, it does not constrain the Court ' s

independent assessment of whether ' extraord inary and compelling reasons ' warrant a sentence

reduction." United States v. Beck, 425 F. Supp. 3d 573 , 579 (M.D.N.C. 201 9).

Finally , when assessing a request for compassionate release, a court must also consider the

18 U.S.C. § 3553(a) factors and determine whether the defendant is a danger to the safety of

another person or the community.

Defendant req uested compassionate release from the Warden at FCI Coleman Low and

more than thirty days have elapsed since his request. Defendant appears to have exhausted his

admini strative remedies through the BOP and the governm ent does not argue to the contrary.

Accordi ngly, the Court turns to the merits of the motion.

Defendant argues that his respiratory issues, in conjunction with coronavi rus, create an

extraordinary and compelling reason warranting compassionate release. The government disagrees

and goes on to argue that the motion should also be denied based on the § 3553(a) factors.

The Court finds that defendant has demonstrated an extraordinary and compelling reason

fo r relief under 18 U.S .C. § 3582(c)( l )(A). Other courts have reached the same conclusion about

COVID-1 9 in cases involving defendants suffering from latent tuberculosis . E.g. , United States v.

Case 5:11-cr-00135-BO Document 78 Filed 07/29/20 Page 3 of 5

Ireland, No . 17-20203 , 2020 WL 4050245 , at *3 (E.D. Mich. July 20 , 2020); United States v. Atwi,

No. 18-20607, 2020 WL 1910152, at *5 (E .D. Mich . Apr. 20 , 2020) .

Turning to the § 3553(a) factors , the Court finds that a sentence reduction would neither

minimize the seriousness of defendant ' s offense nor frustrate the promotion ofrespect for the law

and the goals of punishment. Defendant has been in custody for over eight years. During that time,

he has maintained good prison conduct. He has taken numerous classes, including drug education

classes. His institutional record demonstrates his ability and desire to conform his behavior to the

law and that the sentencing goals of punishment and deterrence have been achieved.

Finally, the Court finds that defendant would not present a danger to another or to the

community if released. Though defendant ' s co-conspirators engaged in violence, the record does

not show that defendant was himself violent. He has spent significant time in custody and has

demonstrated an ability to comport with the rules. If released, he will reside with family and will

be required to complete a term of supervised release during which his conduct will be monitored

by Probation.

Based on the foregoing, defendant has demonstrated that extraordinary and compelling

reasons warrant a reduction in his sentence and that a sentence reduction otherwise comports with

the applicable statutory and policy requirements.

CONCLUSION

The motion for compassionate release [DE 75] is GRANTED . Defendant ' s term of

imprisonment is REDUCED to TIME SERVED. All other conditions of the judgment remain in

full force . The motion to seal [DE 75] is GRANTED.

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SO ORDERED, this _J:../2_ day of July, 2020.

~Eu. tJifr
CHIEF UNITED ST ATES DISTRICT JUDGE

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