Denis v. United States

Background

Jose Heberto Alvarez Denis moved under 18 U.S.C. § 3582(c)(1)(A) for a reduction of his prison sentence, commonly called compassionate release. He argued that his medical conditions, considered in light of the COVID-19 pandemic, justified release. The opinion states that he was serving his sentence at FCI Allenwood Low in Pennsylvania, had a projected release date in November 2027, and was likely to be removed from the United States afterward.

Denis pleaded guilty to one count of participating in a narcotics conspiracy. The charged conspiracy involved importing, manufacturing, distributing, and possessing with intent to distribute a controlled substance. The substance was at least five kilograms of cocaine. The court stated in its sentencing analysis that the offense involved more than 500 kilograms of cocaine. The parties had stipulated to a Sentencing Guidelines range of 188 to 235 months, and the court sentenced Denis on April 11, 2019, to 148 months in prison.

The court also found that Denis had satisfied the requirement to first seek relief from prison officials because the relevant warden denied his application on July 1, 2020.

Reasoning

The government did not contest that Denis had shown extraordinary and compelling reasons that could support release. Although there were no reported COVID-19 cases at Allenwood, the court noted that Denis’s diabetes and latent tuberculosis made him more susceptible to severe consequences if infected.

The court nevertheless concluded that the sentencing factors required by federal law did not support reducing the sentence. It had recently weighed those factors when imposing the original sentence and found no developments that changed its conclusions. The court emphasized the seriousness of the offense, the large amount of cocaine involved, Denis’s previous serious narcotics conviction, and the need for deterrence. It also noted that the original sentence was already 40 months below the bottom of the agreed Guidelines range and the sentence recommended by the Probation Department.

Disposition

The court denied Denis’s application for a sentence reduction without prejudice to renewal if changed circumstances warranted relief. The court stated that it would give prompt consideration to applications concerning Denis’s medical treatment at Allenwood.

In the March 30, 2021 order, Judge John G. Koeltl directed the court to mail Denis a copy of that order and the attached September 2, 2020 memorandum opinion and order.