FROM: XXX, on behalf of,
XXX
____ January, XXX
TO: FCI Pekin
XXX
XXX
XXX
Dear Sir/madam,
RE: LETTER OF compassionate RELEASE; in the matter XXXX of v. XXX , XXX District Court, Eastern District of XXX, Southern Division, Case No. XXX
I am writing this letter on behalf of the above-named prisoner, who is currently held at the ________. This is a request for a motion under 18 U.S.C. §4205(g) based on extraordinary or completing circumstances under 18 U.S.C. §3582(c)(1).
Mr .XXX is a 37 year old male, 26yrs old at time of offense and 28yrs old at time of sentencing.
I am Mr. XXX sister. I can attest that he is a good man of noble character. He, acting on misguided advice, made some bad decision with the aim of fending for his family. Something he has since regretted.
SUMMARY OF THE MOTION.
I am asking that you consider Mr. XXX early release on compassionate grounds based on the following; the update on the First and Second Step Acts where the sentencing for the charge against him is no longer applicable, on health grounds as he has been infected with Covid-19 twice and has since lost his sense of taste and smell (find attached copies of medical report), and he has a sick elderly father who needs care and support (find attached copies of father’s medical report). Mr. XXX seeks Release on Compassionate grounds to be able to give his father care during his illness.
Additionally, Mr. XXX has lost mother and siblings who died since his incarceration, one of his siblings was his co-accused XXX (“Dwaine”) who died months after release from prison (find attached copies of the obituaries).
I also ask for consideration for an application for Temporary Release. It is difficult to see that Mr. XXX can be kept socially secluded and receiving the adequate medical attention and care while in custody.
Mr. XXX incarceration, his brother’s death and all that he has gone through has inspired the establishment of the Blossoming Beginnings Human Services (BBHS). This is a non-profit organization that offers support for the youth and families who have been affected by the criminal justice system in Phoenix. Upon his release, Mr. XXX shall first be counselled by the BBHS team then become a mentor to speak with the youth in an effort to ensure early prevention of drug related crimes in Phoenix.
Mr. XXX agrees to supervised release and shall, where necessary work with the justice system when his presence is required. Upon his release he shall live with his fiancé Ms. Brianna Hatchett. I intend to get married and he would be placed on my health insurance.
The fiance’s address is:
XXX
XXX
XXX
STATEMENT OF FACTS.
Mr. XXX was sentenced on or about March XXX to a term of 222 months for non-violent drug related offenses. He is scheduled to be released on 25th March 2028. He has since served more than 128 months. His co-accused included his brother XXX (“Dwaine”) have all been released. XXX (“Dwaine”) died months after being released from prison. This affected Mr. XXX emotionally, psychologically and mentally since the two have always been close since their childhood. Mr. XXX, having been so affected by his brother’s death has often expressed that he wish he was there for him. He has vowed not to go back to his old ways as an honor and in memory of his brother.
LEGAL ARGUMENT.
Reasons to warrant this motion;
- Legal grounds on his sentence.
Mr. XXXX committed a drug related offense. However, the drugs were never sold to the school children and neither was the crime committed with the school premises (Find attached case files). The Defendant has served over 128 months of his 222 month term. This means that he has served more than 10 years of his term and he qualifies for Compassionate Release as provided for under BOP Program Statement 5050.50 and U.S.S.G §1B1.13. He had previously in XXXX been on a short probation.
The Defendant has, during the time of incarceration, been an inmate of good moral character, has worked alongside his prison mates peacefully and has not in any given time been a bother to the prison authority. Additionally, in light of 18 U.S.C § 3553, an inmate can be considered for early release if it is proven that he has been of good character during the time served. He has no other felony against him and there are no unresolved detainers.
- Urgent family needs.
Furthermore, BOP Program Statement 5050.50 and U.S.S.G §1B1.13 recognizes that an inmate may be released on Compassionate Release where they prove that they have urgent family matters that really need their attention. Mr. XXX father is currently very ill. Before his death Mr .XXXX (“Dwaine”) and I took to caring for our father. However, after the death of Mr. XXXX (“Dwaine”), I am the only family member available to look after my father. I have four children who I also take care of myself and this responsibility is taking a toll on me. Mr. XXX should be considered for early release on Compassionate grounds to go home and help take care of his ailing father. (Find attached copies of Father’s medical reports).
Also affected by this are Mr. XXX children aged between 13-15years. They love their grandfather dearly and are emotionally and psychologically affected by his illness. Mr. XXXX should be released early to offer his children emotional support during this trying family moment.
- Medical condition.
Additionally, Mr. XXX has suffered two covid-19 infections. He has been so affected since he has since lost his sense of taste and smell. Under BOP Program Statement 5050.50 and U.S.S.G §1B1.13 inmates qualify for early release on compassionate grounds if they are unwell and where the said illiness is contagious. Covid-19 care requires that the patient be sechuled from the rest to avoid infecting the rest. And even upon recovery, the person should remain separated from the rest to prevent reinfection since their immunity is still low. The fact that Mr. XXX has contracted the infection twice already means that he is highly susceptible to future reinfections. Mr. XXX has really suffered due to this virus and we request that he be released so that we can afford him specialized care and attention.
Given the current review of mandatory minimum sentences, Mr. XXX sets forth that his release would not minimize the severity of the offense as he will have 8 years of supervised release and does not object to that. The Supervised Release has extremely stringent conditions and Mr. Alexander is prepared to abide by those conditions.
CONCLUSION.
As demonstrated above, there are enough sufficient reasons that warrant the early release of Mr. XXX on compassionate grounds. I am worried over Mr. XXX health and the health of our father. I am urging you to take into consideration of his current medical condition and take the necessary step to protect him and those around him. Also take into consideration his father’s urgent need for care and the fact that Mr. Tranier Alexander can provide the much needed care and attention. Lastly, kindly take into consideration Mr. XXX teenage kids who have really suffered so much loss of family members and the pain of seeing their grandfather ailing as he is. They are kids who need guidance lest they go astray, guidance that Mr. XXX should offer.
Respectfully submitted by,
XXX.
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