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defendantmotionleaserehabilitation
motionleaserehabilitation

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United States v. Biswell, Not Reported in Fed. Supp., 2020 WL 5526791

Facts

Richard Eugene Biswell was sentenced to 60 months for possession with intent to distribute methamphetamine and an additional 24 months for a violation of supervised release. He has served 49 months of his 84-month sentence and suffers from multiple chronic health issues, including hepatitis C and lung disease, which are of particular concern during the COVID-19 pandemic. Biswell has demonstrated good behavior during his incarceration and has participated in rehabilitation programs.

Mr. Biswell has served 49 months of his 84-month prison term, with an expected release date of June 30, 2022. At present, Mr. Biswell is 60 years old and suffers from multiple chronic health concerns, including hepatitis C, evidence of lung disease, depression, anxiety, a history of methamphetamine use, and he is overweight.

Issue

Whether Richard Eugene Biswell qualifies for compassionate release under 18 U.S.C. § 3582(c)(1)(A) due to extraordinary and compelling reasons and whether he poses a danger to the community.

The only remaining question is whether Mr. Biswell presents a danger to the community.

Rule

Under 18 U.S.C. § 3582(c)(1)(A), a court may reduce a defendant's sentence if extraordinary and compelling reasons warrant such a reduction and if the defendant is not a danger to the community, as assessed by the factors in 18 U.S.C. § 3142(g).

The Court may reduce Mr. Biswell's sentence under the First Step Act if it determines the existence of extraordinary and compelling reasons and that Mr. Biswell is no longer a danger to the community.

Analysis

The court found that Biswell's chronic health conditions, combined with the risks posed by the COVID-19 pandemic, constituted extraordinary and compelling reasons for a sentence reduction. Additionally, the court assessed Biswell's behavior during incarceration, noting his participation in rehabilitation programs and clean disciplinary record, which indicated he was not a danger to the community.

Mr. Biswell asserts that his clean disciplinary record during his current incarceration and his participation in rehabilitation and vocational programs show that he is no longer a danger to the community.

Conclusion

The court granted Biswell's motion for compassionate release, reducing his sentence to time served effective September 25, 2020, and imposing a five-year term of supervised release.

For these reasons, Mr. Biswell's Motion to Reduce Sentence Pursuant to 18 U.S.C. § 3582(C)(1)(A)(i) (ECF No. 93, 98) is GRANTED.

Who won?

Richard Eugene Biswell prevailed in the case as the court granted his motion for compassionate release based on his health concerns and lack of danger to the community.

The Court agrees. Mr. Biswell has shown good behavior during incarceration and, as discussed on the record, been an active participant in the Residential Drug Abuse Program and other vocational programs at FCI Oxford.

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