United States District Court, W.D. Virginia, Abingdon Division
Edward Malone, Pro Se Defendant.
OPINION AND ORDER
P. Jones United States District Judge.
Lonnie Edward Malone., a federal inmate proceeding pro se,
has filed a motion to reduce sentence pursuant to §
603(b) of the First Step Act of 2018, Pub. L. No. 115-391,
§ 404, 132 Stat. 5194, 5220 (2018) (“2018
FSA” or “Act”), which amended 18 U.S.C.
§ 3582(c), expanding the circumstances under which
federal prison inmates may seek compassionate release.
defendant was sentenced on May 19, 2008, after his guilty
plea to drug and firearms offenses to a total of 330 months
imprisonment to be followed by a five-year period of
supervised release. According to the website of the Bureau of
Prisons (“BOP”), the defendant's current
projected release date is December 13, 2028.
to the 2018 FSA, only the Director of the BOP could file a
motion with the court seeking compassionate release for an
inmate. However, the 2018 FSA amended § 3582(c) to
provide that a sentencing court may, after considering the
sentencing factors set out in 18 U.S.C. § 3553(a),
modify a sentence to grant compassionate release either upon
motion of the Director “or upon motion of the defendant
after the defendant has fully exhausted all administrative
rights to appeal a failure of the [BOP] to bring a motion on
the defendant's behalf or the lapse of 30 days from the
receipt of such a request by the warden of the
defendant's facility.” 18 U.S.C. §
defendant seeks compassionate release on the ground that he
is 68 years old and suffers from “a series of ailments
that have mostly stemmed from his colon-rectal cancer in the
late 1990s and many issues stemming from the subsequent
treatment.” Mot. 2, ECF No. 294. The defendant alleges
that more than 30 days has elapsed since he made a request
for release to his case manager at his institution and no
response has been received.
3582(c)(1) permits a sentencing court to reduce a term of
imprisonment if it finds that “extraordinary and
compelling reasons warrant such a reduction” and the
reduction “is consistent with applicable policy
statements issued by the Sentencing Commission.” 18
U.S.C. § 3582(c)(1). The U.S. Sentencing Guidelines
Manual (“USSG”) defines extraordinary and
compelling reasons in relation to the medical condition of
the defendant, as follows:
(A) Medical Condition of the Defendant, -
(i) The defendant is suffering from a terminal illness
(i.e., a serious and advanced illness with an end of
life trajectory). A specific prognosis of life expectancy
(i.e., a probability of death within a specific time
period) is not required. Examples include metastatic
solid-tumor cancer, amyotrophic lateral sclerosis (ALS),
end-stage organ disease, and advanced dementia.
(ii) The defendant is-
(I) suffering from a serious physical or medical condition,
(II) suffering from a serious functional or cognitive