Compassionate Release Denial Based on Full Consideration of Sentencing Factors

US v. Bethea: In 2015, Bethea pleaded guilty to various drug offenses and was ultimately sentenced (after an appeal) to 188 months in prison. Bethea eventually moved for compassionate release, arguing (as relevant to this appeal) that his medical conditions left him particularly susceptible to a severe case of COVID-19. The district court denied the request. In doing so, it noted that Bethea had been fully immunized and that the applicable sentence factors did not support release, particularly that while awaiting sentencing on home confinement Bethea had continued selling drugs.

On appeal, The Fourth Circuit affirmed the denial of Bethea’s request for compassionate release. First, the court concluded that the district court did not apply a per se rule preventing Bethea from obtaining compassionate release because he was vaccinated. Rather, his “vaccination status was far from the only factor that the district court considered.” The court also concluded that the district court’s consideration of the relevant sentencing factors was sufficient, particular because the motion was denied at the same hearing where Bethea had just been resentenced following his appeal.