United States District Court, E.D. Kentucky, Central Division, Lexington
MEMORANDUM OPINION AND ORDER
C. REEVES, CHIEF JUDGE.
Arvil Lake has filed a motion for compassionate release under
18 U.S.C. § 3582(c). [Record No. 225] It is unclear
whether Lake has exhausted his administrative remedies. But
regardless, he has not demonstrated extraordinary or
compelling circumstances to justify relief. Accordingly, his
motion will be denied.
and his co-defendants were involved in a scheme to use
personal identifying information of inmates, without their
consent, to file fraudulent federal tax refunds. Lake pleaded
guilty to mail fraud in violation of 18 U.S.C. § 1341,
and aiding and abetting aggravated identity theft in
violation of 18 U.S.C. § 1028A(a)(1). [Record No. 112]
He was sentenced to 38 months imprisonment and ordered to pay
$60,922.00 in restitution. [Record No. 202] Lake did not file
a direct appeal.
now seeks compassionate release under 18 U.S.C. §
3582(c)(1)(A). [Record No. 225] He claims that he is not
doing well in terms of his health and he has asked the warden
for compassionate release, but the warden has not responded.
Lake explains that he is 70 years old and suffering from a
terminal illness and a serious physical or medical condition
that prevents him from caring for himself while in prison. He
does not specify the alleged terminal illness.
response, the United States has submitted a letter from
Francisco Rios, the Clinical Director of FCI Ashland,
verifying that a comprehensive medical evaluation of Lake has
been performed during Lake’s period of incarceration.
The evaluation demonstrates that Lake does not meet the
criteria under the Bureau of Prisons Program Statement
5050.50 for release prior to service of his sentence. [Record
suffers from the following chronic, but stable medical
conditions: seizure disorder with no seizure activity for
more than five years, coronary artery disease, hypertension,
hyperlipidemia, hypothyroidism, cerebral vascular accident,
post-traumatic stress disorder, chronic low back pain, and
restless leg syndrome. In fact, Lake suffered from all of
these ailments prior to arriving at FCI Ashland.
further explains that Lake has been evaluated and is
receiving treatment for cardiac dysrhythmia. However, Lake
remains stable on his current medication, has no problem
ambulating with the use of a cane, is able to provide
self-care, and his activities of daily living are unaffected
by his conditions. Rios states that Lake can independently
manage bathing, dressing, eating, toileting, and can stand
for counts. Finally, Rios notes that Lake is being monitored
routinely and his medical condition is being maintained at
18 of the United States Code, section 3582(c)(1)(A), allows
the Court to modify a term of imprisonment for
“extraordinary and compelling reasons” or if the
defendant is at least 70 years of age and has served at least
30 years in prison. The defendant has served less than two
years in prison, so he cannot seek relief under §
3582(c)(1)(A)(ii) based on his age and length of service of
his sentence. Accordingly, Lake is entitled to the relief
sought only if he is able to demonstrate extraordinary or
compelling reasons to justify a reduction in his term of
to the passage of the First Step Act of 2018, a court could
only consider a motion for compassionate release from the
Director of the Bureau of Prisons. However, section 603 of
the First Step Act modified 18 U.S.C. § 3582(c)(1)(A) to
allow a defendant the opportunity to appeal the denial of a
request for compassionate release after exhausting his
administrative remedies or if the warden failed to act within
30 days from receiving a request for compassionate release.
Pub. L. No. 115-391, § 603(b).
asserted in his present motion that 30 days had elapsed since
he requested relief from the warden; however, he has not
stated when he requested relief for medical or age-related
reasons. The government explains in its response that the
Bureau of Prisons compassionate release database and
coordinator, along with the defendant’s unit manager at
FCI Ashland, indicate that Lake never filed a compassionate
release request with the warden at FCI Ashland. But even if
Lake had exhausted his administrative remedies, or if 30 days
had elapsed since he had requested relief, his motion would
be denied because he has not offered an extraordinary or
compelling circumstance that would justify a modification of
the term of imprisonment.
Court may modify a sentence for extraordinary and compelling
reasons, but only if “such a reduction is consistent
with applicable policy statements issued by the Sentencing
Commission.” 18 U.S.C. § 3582(c)(1)(A). “28
U.S.C. § 994 authorizes the United States Sentencing
Commission to define ‘extraordinary and compelling
reasons.’” United States v. Handerhan,
No. 1:10-CR-00298, 2019 U.S. Dist. LEXIS 55367, at *1 (M.D.
Pa. Apr. 1, 2019).
policy statement discussing compassionate release requires:
(1) extraordinary or compelling reasons to warrant a
reduction in a defendant’s sentence, (2) that the
defendant is not a danger to the safety of others or the
community, and (3) that release from custody complies with
§ 3553(a) factors. United States Sentencing ...