United States v. Jensen

Background

Thomas Jensen had previously been convicted in federal court of assaulting a federal officer and mailing threatening communications. After his prison sentence and supervised release, his supervised release was revoked following threats to staff members at a residential community corrections center. The court later ordered Jensen committed to the custody of the Attorney General under 18 U.S.C. § 4246 after finding that, because of his mental capacity, releasing him to the community would create a substantial risk of injury to others. Jensen was later conditionally released, but the court revoked that release in February 2020.

Jensen then filed a document labeled as an opposition to the government’s earlier motion to revoke his conditional release. The court treated the filing as either a request for compassionate release under 18 U.S.C. § 3582(c)(1) or a petition for discharge under 18 U.S.C. § 4247(h). Jensen argued that the facility where he was detained was unsafe because of the COVID-19 pandemic and that he no longer posed a risk to others.

Court’s Analysis

The court held that the compassionate-release statute was unavailable because it allows a court to reduce a term of imprisonment, and Jensen was no longer serving a prison term. Instead, he was subject to a civil-detention order under § 4246. The court also stated that, even if the compassionate-release statute applied, Jensen had not adequately shown extraordinary and compelling reasons for release. The court noted that he offered no reason to believe the Federal Medical Center in Rochester, Minnesota, could not adequately treat him if he contracted COVID-19, and it questioned whether he would have better access to medical care outside the facility.

The court separately addressed Jensen’s request for discharge based on his claim that he no longer posed a risk. Under § 4247(h), a person committed under § 4246 may seek discharge through counsel or a legal guardian. The court held that Jensen could not file that petition himself and could do so only through a lawful representative. The court directed that a copy of Jensen’s motion and the order be mailed to his attorney of record for consideration of whether a discharge petition would be appropriate.

Disposition

The court ordered that Jensen’s motion for compassionate release be DENIED WITHOUT PREJUDICE. To the extent the filing sought discharge under § 4247(h), the court also denied that request without prejudice. The order did not decide that Jensen would never qualify for discharge; it ruled that the filing could not obtain the requested relief in its present form and directed notice to his attorney.