United States v. Harvey, No. 20-1944 (6th Cir. 2021)
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In 2016, Harvey pleaded guilty to distributing a controlled substance. He was sentenced to 156 months’ imprisonment. Harvey filed an unsuccessful section 2255 motion for habeas corpus relief claiming ineffective assistance of counsel. On June 12, 2020, Harvey sought compassionate release under 18 U.S.C. 3582(c)(1)(A), arguing that “[t]he ongoing coronavirus pandemic presents extraordinary and compelling reasons where a defendant is susceptible to infection,” he cited his “chronic bronchitis” and the spread of COVID-19 cases at the facility in which he was incarcerated.
The district court denied Harvey’s motion without holding a hearing. The one-page form stated that the court considered the 18 U.S.C. 3553(a) factors and applicable Sentencing Commission policy statement. A checked box stated: “DENIED after complete review of the motion on the merits.” Weeks later, the court filed a five-page “OPINION." The Sixth Circuit affirmed. The form order was not necessarily procedurally defective; the facts in the record provide a reasonable basis for the denial of Harvey’s motion. Harvey admitted “that he had been selling drugs for over a year”; the prosecutor asserted at sentencing that Harvey’s house contained “a gun” and “ammunition”; Harvey had earlier drug-related convictions and had served only about 25% of his custodial sentence. The record can be read to support the conclusion that section 3553(a) did not favor Harvey’s release.
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