Simon v. United States

Background

Daryl Simon filed a motion under 18 U.S.C. § 3582(c)(1)(A), as amended by the First Step Act, seeking a reduction of his prison sentence because of the COVID-19 pandemic. He represented himself. Simon stated that he was immunocompromised and had chronic obstructive asthma, chronic obstructive pulmonary disease, and other illnesses. He also argued that overcrowded prison conditions increased his risk. In addition, he relied on the nonviolent nature of his offenses, his rehabilitation, family support, and plans for reentry.

Simon pleaded guilty to access-device fraud and later pleaded guilty to failure to appear and another count of access-device fraud. The court’s background discussion described evidence that he possessed thousands of credit-card numbers and equipment used in credit-card schemes. It also described his failures to comply with pretrial conditions, his two failures to appear for sentencing, and his remaining a fugitive for almost a year. Judge Steven C. Robinson sentenced Simon to 285 months in prison, three years of post-release supervision, and $243,164.66 in restitution.

At the time of the opinion, Simon was incarcerated at Federal Correctional Institution Allenwood Low. The opinion stated that he was scheduled for release on January 23, 2029. The Government opposed release, relying on the circumstances of Simon’s offenses, his criminal history, and the time remaining on his sentence. The Government did not contest that Simon had exhausted his administrative remedies or that he faced increased risk from COVID-19.

Legal standard

Section 3582(c)(1)(A) allows a court to reduce a prison sentence when extraordinary and compelling reasons support a reduction and the applicable sentencing factors support it. Those sentencing factors include the nature and circumstances of the offense and the defendant’s history and characteristics.

Court’s reasoning

The court assumed, without deciding, that Simon’s medical conditions amounted to extraordinary and compelling circumstances. It held that a sentence reduction would nevertheless be inconsistent with the sentencing factors. The court emphasized the number of credit-card numbers and fraud-related devices involved, Simon’s repeated engagement in fraudulent conduct, his failures to appear, and his evasion of authorities. It concluded that his 285-month sentence, with 100 months left to serve according to the opinion, was consistent with those considerations.

The court also considered Simon’s rehabilitation, family support, and reentry prospects. It stated that it had no reason to doubt his substantial personal achievements, but found that those factors did not alter or outweigh the seriousness of his offenses and his history of evading authorities. The court distinguished the decisions Simon cited, noting differences including the other defendants’ ages, release dates, and lack of a comparable fugitive history.

Disposition

Judge Edgardo Ramos denied Simon’s motion for compassionate release. The court directed the Clerk to terminate the motion, docket entry 47.