United States District Court, C.D. Illinois, Springfield Division
RICHARD MILLS, United States District Judge:
is Defendant Alan D. Laughlin’s motion for
compassionate release under 18 U.S.C. § 3582(c)(1)(A),
based on a diagnosis of Stage IV colon cancer.
directed, the Government filed a response to the motion.
Defendant filed a reply to the response.
9, 2013, the Court imposed a 176-month term of imprisonment
following the Defendant’s guilty plea to one count of
Possession of Heroin with Intent to Distribute. The Defendant
was sentenced as a career offender.
October 2018, the Defendant was diagnosed with Stage IV colon
cancer that has metastasized, spreading to his liver and
lymph nodes. He is currently incarcerated at the Federal
Medical Center in Butner, North Carolina. His projected
release date is March 9, 2025, with credit for good time
Defendant previously submitted a Request for Reduction in
Sentence, often referred to as Compassionate Release, on
March 18, 2019. That request was denied by the Acting Warden
on March 21, 2019, on the basis that he “did not meet
the criteria under Terminal Medical Conditions at this time,
” as defined in the U.S. Department of Justice, Bureau
of Prisons, Program Statement 5050.50, issued January 17,
2019, which sets forth the Procedures for Implementation of
18 U.S.C. § 3582, as amended by the First Step Act of
11, 2019, Dr. Andres Carden, a Bureau of Prisons physician,
noted in a memorandum that “[t]his patient is a
candidate for Reduction in Sentence. His life expectancy is
18 months.” On June 26, 2019, the Defendant submitted a
second Request for a Reduction in Sentence due to a terminal
medical condition. That request was forwarded to the Bureau
of Prisons Central Office for further review.
August 22, 2019, the Defendant filed the instant motion.
compassionate release statute, 18 U.S.C. § 3582, was
amended by Section 603(b) of the First Step Act on December
21, 2018. Pursuant to 18 U.S.C. § 3582(c)(1)(A)(i), a
court may reduce the term of imprisonment if it finds that
“extraordinary and compelling reasons warrant such a
reduction” and “such a reduction is consistent
with applicable policy statements issued by the Sentencing
Commission.” The Sentencing Commission’s Policy
Statement, § 1B1.13, Application Note 1(A), lists
“metastatic solid-tumor cancer” as an example of
an “extraordinary and compelling reason” to
reduce a sentence under § 3582(c)(1)(A). The application
note also provides that a specific prognosis as to life
expectancy is not required.
Defendant notes that colon cancer is a solid-tumor cancer
which, in his case, has metastasized to his liver and lymph
nodes. Therefore, the Sentencing Commission’s policy
statement establishes there is an extraordinary and
compelling reason to reduce the Defendant’s sentence.
the President signed the First Step Act on December 21, 2018,
§ 3582 was amended to provide the sentencing judge with
jurisdiction to consider a defense motion for reduction of
sentence based on extraordinary and compelling reasons
whenever “the defendant has fully exhausted all
administrative rights to appeal a failure of the Bureau of
Prisons to bring a motion on the defendant’s behalf,
” or after “the lapse of 30 days from the receipt