EMERGENCY MOTION FOR A REDUCTION

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF SOUTH CAROLINA

AIKEN DIVISION

UNITED STATES OF AMERICA                           §

Plaintiff,                                                          §           Case No. 1:17-cr-00987

§

v.                                                                     §           Judge Terrence W. Boyle

§

DOUGLAS WADE WILLIAMSON                        §

Defendant.                                                      §

EMERGENCY MOTION FOR A REDUCTION IN SENTENCE PURSUANT TO 18 U.S.C. § 3582(c)(1)(A)(i)

Defendant, Douglas Wade Williamson, files this emergency motion to resentence him to a sentence of imprisonment of time-served or, alternatively, a sentence of time-served followed by a term of supervised release not to exceed the balance of his original prison sentence, pursuant to 18 U.S.C. § 3582(c)(1)(A)(i), as amended by § 603(b)(1) of the First Step Act of 2018, Pub. L. 115-391, 132 Stat. 5194, 5239 (Dec. 21, 2018).

BRIEF FACTUAL STATEMENT

Williamson pled guilty for Conspiracy Mail Fraud pursuant to a plea agreement on _____________. The Court assessed punishment at 60 months in Prison on December 06, 2018.  Prior to this case, he was an Insurance Agent and had no criminal history before his conviction. He has been confined for more than 28 months and has had no disciplinary incidents in BOP. On the contrary, he has worked hard, taken classes, and kept his head down.  In candor, his confinement has been utterly uneventful until done.

Williamson is 58 years old with medical diagnoses of Hypertension, Hyperlipidemia, Diabetes Type II, Neuropathy Diabetic, Arthritic Lower back. According to CDC, this sickness diagnosis can complicate with COVID 19 or its variants. After he contracted COVID 19 last year, his blood pressure has been completely out of control in high numbers. Doctor S. Beyer Md reviewed Defendant’s blood pressure readings since he contracted COVID 19 in April 2020 and recorded that he needed to see a cardiologist. Since then, Defendant hasn’t been to the FMC Hospital for any type of exploratory procedures to find what is causing the High Blood Pressure which is at dangerous levels, chest pain and ongoing headaches that could cause a heart attack stroke or possible death. His maternal and paternal families have a history of death from the foregoing complications. Since that Doctor visit, Defendant has been prescribed three new medications that have not helped reduce his blood pressure levels.  Defendant also has a condition that needs treatment that Butner Medical Center cannot provide for him. He needs Dry Needling Therapy, which he was able to get before covid. It ceased on 3-19-21. This consistent treatment helps with the intensive pain he has suffered from a previous fracture in his spine and back.

CREDITS FOR PRISONERS UNDER THE CARES ACT

Since his incarceration in Butner Medium I, North Carolina in August 26, 2019, Defendant has been taking more than 500 hours in education training including Horticulture with North Carolina University, among others. See exhibit A.

That according to the First Step Act, is a program provided by the Bureau of Prison System. As noted, the First Step Act offered prisoners an opportunity to earn credit towards their sentences. In Williamson’s case, any of this point have been apply to his sentence.   With all the points earned in this program, he should have finished his sentence last year.

“As noted, the First Step Act offered prisoners an opportunity to earn credit towards their sentences. Under the Act, the BOP created a risk and needs assessment system, titled “Prisoner Assessment Tool Targeting Estimated Risk and Needs” (“PATTERN,”) in compliance with the First Step Act, 18 U.S.C. § 3632(a). (Answer at 3-4, Dkt. No. 4.) The First Step Act required the BOP, among other things, to “determine the type and amount of evidence-based recidivism reduction programming that is appropriate for each prisoner and assign each prisoner to such programming accordingly….” 18 U.S.C.A. § 3632(a)(3).

Pursuant to 18 U.S.C. § 3632(d)(4), prisoners shall earn time credits for participation in such programs:

(4) Time credits. —

(A) In general. –A prisoner, except for an ineligible prisoner under subparagraph (D), who successfully completes evidence-based recidivism reduction programming or productive activities, shall earn time

credits as follows:

(i) A prisoner shall earn 10 days of time credits for every 30 days of successful participation in evidence-based recidivism reduction programming or productive activities.

(ii) A prisoner determined by the Bureau of Prisons to be at a minimum or low risk for recidivating, who, over 2 consecutive assessments, has not increased their risk of recidivism, shall earn an additional

5 days of time credits for every 30 days of successful participation in evidence-based recidivism reduction programming or productive activities.

(B) Availability. -A prisoner may not earn time credits under this paragraph for an evidence-based recidivism reduction program that the prisoner successfully completed—

(i) prior to the date of enactment of this subchapter; or

(ii) during official detention prior to the date that the prisoner’s sentence commences under section 3585(a).” Goodman v. Ortiz, No. 1:2020cv07582 – Document 12 (D.N.J. 2020)

DEFENDANT MEETS THE CRITERIA PROVIDED FOR IN THE CARES ACT

Williamson already meet all the criteria provided for under the CARES Act according to Memo 04/13/2021. His release was denied because his 50% of sentence was in October 2021. He has been waiting for his release, at least to home confinement since then.

Douglas Wade Williamson’s spouse, taking in consideration his grievances and BOP procedures, has been writing to Warden Ramos, Regional Warden James Petrucci, and General Counsel Ken Hyle. The response was that Williamson had met all the criteria for release but days continue to pass and yet her husband hasn’t returned home. Defendant’s family is concerned about his health and bureaucracy procedures from BOP are hampering his release.

A breakdown of the memo dated 04/13/2021 is as follows:

DEFENDANT IS AT RISK OF CONTRACTING COVID-19 WHICH MAY BE FATAL

Impossible social distance is matter of time and Butner, North Carolina could get another Virus spread while Williamson’s medical condition is a huge and unnecessary risk.

LEGAL ARGUMENT

For many years, 18 U.S.C. § 3582(c)(1)(A) has allowed district courts to reduce sentences of federal inmates for “extraordinary and compelling reasons,” often referred to as “compassionate release.” Until December 21, 2018, only the Director of BOP could request such a sentence reduction. Under the First Step Act, BOP no longer has a monopoly on the decision whether to file “compassionate release” motions. Rather, federal inmates may file them with the original sentencing court. 18 U.S.C. § 3582(c)(1)(A), as amended by § 603(b)(1) of the First Step Act of 2018, Pub. L. 115-391, 132 Stat. 5194, 5239 (Dec. 21, 2018).

The Sentencing Commission policy statement on reductions of sentences under 18 U.S.C. § 3582(c)(1)(A) lists three specific categories of “extraordinary and compelling reasons” but expressly does not restrict what combination of factors can warrant release. U.S.S.G. § 1B1.13 (p.s.), comment. (n.1(A)-(D)).10. The three specific categories are: (1) terminal illness of the inmate, or an irrecoverable serious physical, medical, or mental issue that prevents the inmate from providing himself with self-care within the prison; (2) age of the defendant, combined with a serious deterioration in physical or mental health because of the aging process; and (3) death or incapacitation of the caregiver of the inmate’s minor children, or incapacitation of the inmate’s spouse or partner. See U.S.S.G. § 1B1.13 (p.s.), comment. (n.1(A)-(C)).

“Extraordinary and compelling reasons” warrant a reduction of Williamson’s sentence and immediate release from confinement. The rampant spread of COVID19 at the Butner Medium I facilities resulting in the deaths of at least three inmates, the hospitalizations of prison staff, the isolation and quarantining of dozens of inmates who are positive for the virus or have been exposed to it, and the self-quarantining of countless staff make it unsafe for a 58-year-old man with high blood pressure and Diabetes to remain confined there.

A sentence reduction is consistent with and supported by the factors in 18 U.S.C. § 3553(a), whose consideration is mandated by § 3582(c)(1)(A) “to the extent they are applicable.” Two of those factors now carry more weight than at the time of sentencing: (1) “the history and characteristics of the defendant,” 18 U.S.C. § 3553(a)(1); and (2) “the need for the sentence imposed . . . to provide the defendant with . . . medical care . . . in the most effective manner,” 18 U.S.C. § 3553(a)(2)(D).

First, Williamson’s age and vulnerability to COVID-19 weigh in favor of reducing his sentence. Second, he is a non-violent offender confined in a minimum-security camp and poses a low risk of recidivism. A real estate developer and (former) lawyer by trade with a background in accounting, he poses no threat of violence to the community should the Court release him from custody. Third, his impeccable conduct in prison weighs heavily in his favor. Fourth, he can provide if is deemed necessary, a complete reentry plan that can prevent recidivism and ensure his health and safety as well as the public’s health and safety should the Court reduce his sentence. His spouse, Carmen Pena, can pick him up from the Butner facility within four hours of this Court granting the motion and ordering his release from prison. She will drive him to his residence in Thomson, GA where he will reside with his wife during any period of supervised release.

Defendant will self-quarantine at home as long as necessary to ensure his health and safety and that of others. And he will obtain suitable, gainful employment. In sum, the § 3553(a) factors weigh heavily in Williamson’s favor. This Court is in the business of weighing equities to make consequential decisions. Yet, other than habeas corpus proceedings in death penalty cases, few prior cases could have presented the potential, if not likely, life-or-death consequences that this case presents. The Court should grant this motion because so rarely do justice and mercy require the same result. See Walker v. Martel, 709 F.3d 925, 950-51 (9th Cir. 2013) (Gould, J., concurring in part & dissenting in part) (“Shakespeare told us that ‘[t]he quality of mercy is not strain’d,’ Milton instructed us to “temper so [j]ustice with mercy” and advised us that ‘[m]ercy [must] colleague with justice,’ and President Lincoln reminded us that ‘mercy bears richer fruits than strict justice.’”) (citations omitted); The Torah, Micah 6:8 (“what does the Lord require of you but to do justice, and to love kindness, and to walk humbly with your God.”).

CONCLUSION AND PRAYER

After more than twenty-eight months of confinement, the loss of his law license, and facing imminent grave illness or death, Douglas Wade Williamson is prepared to walk humbly in this world. He respectfully requests that the Court grant this motion and re-sentence him to a sentence of imprisonment of time-served or, alternatively, a sentence of time-served followed by a term of supervised release not to exceed the balance of his original prison sentence. Should the Court require additional development of the record before it rules on this motion, Williamson’s requests that it conduct an emergency evidentiary hearing to determine the extent of the health and safety crisis at the Butner Medium I camp.

Dated this 4^th day of January, 2022.

Respectfully Submitted

___________________________________

Douglas Wade Williamson,

Defendant in pro per

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