US v. Hargrove: Hargrove was serving a 103-month sentence that was imposed in 2018 – 46 months for a substantive drug conviction and 57-months consecutive for a supervised release revocation – when he filed a compassionate release motion in July 2020. The motion was based on complications related to the COVID-19 pandemic, including that Hargrove suffered from asthma, high blood pressure, and obstructive sleep apnea, leading to the possibility of “severe complications” if he contracted COVID. He also argued that his disciplinary record and rehabilitative efforts while incarcerated supported a reduced sentence. The district court denied the motion, concluding that Hargrove’s medical conditions only “might” increase his COVID risk, which was not sufficient to establish “extraordinary and compelling reasons” for release and that the 3553(a) sentencing factors did not support release, regardless.
The Fourth Circuit affirmed the district court’s denial on appeal. Hargrove argued that the district court abused its discretion by using a bright line rule that required the petitioner to be diagnosed with particular conditions listed by the CDC in its “highest tier” or COVID risk, regardless of “the conditions of the prison and risk of infection.” The court agreed that such a bright line rule would be inappropriate, but concluded that the district court did not apply it in this case, having concluded that Hargrove had shown a particular risk of contracting COVID at his facility, but not a “particularized susceptibility to the virus.” The court also rejected Hargrove’s argument that the district court erred by considering all the 3553(a) factors, even though his sentence was partially a supervised release revocation sentence, to which only some of those factors apply. The court concluded that when considering whether to reduce a sentence, rather than impose one, different factors applied. The court also concluded that the district court sufficiently considered Hargrove’s rehabilitative efforts.
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