Sam E. Haddon United States District Court
ORDER
Defendant Kent Dean Webb ("Webb") is currently serving a 121-month sentence for federal drug and firearms offenses. He has moved for compassionate release under 18 U.S.C. § 3582(c)(1)(A) in light of the COVID-19 pandemic.
See Judgment (Doc. 36); Statement of Reasons (Doc. 37) at 1 § I(A); Presentence Report (Doc. 38) ¶¶ 13-36.
A district court may reduce a defendant's sentence if an extraordinary and compelling reason justifies early release.
See 18 U.S.C. § 3582(c)(1)(A); U.S.S.G. § 1B1.10 (Nov. 1, 2018). The guideline's reference to requiring a motion from the Director of the Bureau of Prisons is disregarded as "contrary to the statute." See Chevron, U.S.A., Inc. v. Nat. Res. Def. Council, Inc., 467 U.S. 837, 844 (1984); 18 U.S.C. § 3582(c)(1)(A) (authorizing court to act "upon motion of the defendant"); First Step Act of 2018, Pub. L. No. 115-391, tit. VI, § 603(b)(1), 132 Stat. 5194, 5239 (Dec. 21, 2018); United States v. Wong, 2 F.3d 927, 929-30 (9th Cir. 1993).
Webb may have a health condition that increases his risk of severe illness if he again incurs COVID-19. Reduction of sentence by more than seven years as requested would denigrate the seriousness of the offense, undermine respect for the law, and fail to provide just punishment.
See Mot. (Doc. 41) at 2; U.S. Resp. (Doc. 42) at 9-10 (hypertension).
See Statement of Reasons (Doc. 37) at 4 § VIII.
ORDERED:
Webb's motion for compassionate release is DENIED.
See Doc. 41. --------
DATED this 15th day of December, 2020.
/s/_________
Sam E. Haddon
United States District Court