United States District Court, E.D. Kentucky
MEMORANDUM OPINION AND ORDER
M. HOOD SENIOR U.S. DISTRICT JUDGE
matter comes before the Court on the “Motion for
Compassionate Release” of Defendant, Rex Hall
(“Hall”), proceeding, pro se, in the
above-styled action. [DE 179]. Specifically, Hall requests
that he be released from his incarceration or, otherwise,
that this Court reduce his sentence. [Id.]. Hall
contends that this Court should grant his motion for
compassionate release because there are extraordinary and
compelling reasons to do so. [Id.].
December 4, 2019, the Court directed the Plaintiff, United
States of America (“United States”), to file any
response or objection it may have to Hall's motion. [DE
180]. On December 9, 2019, the United States filed its
response, arguing that the Court should deny Hall's
motion. [DE 181]. In particular, the United States contends
that Hall does not have extraordinary and compelling reasons
for this Court to grant the requested relief. [DE 181].
Court has reviewed the subject motion and the United States
response. Accordingly, this matter is ripe for adjudication.
Upon review of the subject motion, the United States'
response, and being otherwise sufficiently advised,
IT IS ORDERED that, for the reasons set forth below,
Hall's motion is, and hereby shall be,
FACTUAL BACKGROUND & PROCEDURAL HISTORY
December 12, 1997, Defendant, Rex Denver Hall, was arrested
on a federal criminal complaint charging him with conspiracy
to possess with intent to distribute marijuana in violation
of 21 U.S.C. § 846. Subsequently, on January 8, 1998, a
federal grand jury charged Hall with four (4) separate
criminal counts, as well as a fifth count pertaining to the
forfeiture of proceeds of drug trafficking. [DE 12].
March 6, 1998, after a four (4) day jury trial, Hall was
convicted on one count each of conspiracy to possess with
intent to distribute marijuana and cocaine. [DE 58]. Hall was
further convicted of one count each of possession with the
intent to distribute marijuana and cocaine in violation of 21
U.S.C. § 841(a)(1) as well as aiding and abetting in
violation of 18 U.S.C. § 2. [Id].
26, 1998, Hall was sentenced to a term of life imprisonment
on each of the four (4) counts. [DE 89]. At the time of his
sentencing, Hall was fifty-five (55) years of age.
has served nearly twenty-two (22) years of his sentence and
is now seventy-six (76) years old. Hall will be seventy-seven
(77) in January 2020. Hall is now incarcerated at the
Victorville Medium I, Federal Correctional Institution
(“FCI”) in Adelanto, California.
January 22, 2018, Hall filed a request for compassionate
release and/or reduction in sentence with the warden of the
Warden of FCI Victorville. [DE 179, Ex. A]. In his request,
Hall specifically noted that he has chronic and/or serious
medical conditions related to his age. However, on March 22,
2019, the Warden administratively denied Hall's request,
stating “...you are not experiencing deteriorating
mental or physical health that substantially diminishes your
ability to function in a correctional facility...”
[Id., Ex. B.].
result of the Warden's denial of his request, Hall filed
the instant motion on November 25, 2019, requesting a
reduction in sentence and/or compassionate release under 18
U.S.C. 3582(c)(1)(A) of the First Step Act of 2018. [DE 179].
claims that there are “extraordinary and
compelling” reasons for this Court to grant his request
for compassionate release and or a reduction in sentence. [DE
179]. In particular Hall claims that he has properly
exhausted his administrative remedies, that he has received
an “unusually long sentence[, ]” that that he has
a “remarkable record of rehabilitation[, ]” and
that he is in the later stages of life and in deteriorating
health. [DE 179 at 4]. The United States disagrees. [DE 181].
The government argues that Hall cannot satisfy the
requirements for compassionate release under 18 U.S.C. §
3582(c)(1)(A). [Id. at 2, PageID #47]. We agree with
the United States.
December 21, 2018, the First Step Act of 2018, Pub. L. No.
115-391, 132 Stat. 5194, was signed into law. Among other
reforms, the First Step Act of 2018 expands the criteria for
compassionate release and gives defendants the opportunity to
appeal the Bureau of ...