United States v. Barbee, No. 21-1356 (7th Cir. 2022)
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Barbee sought compassionate release under 18 U.S.C. 3582(c)(1)(A)(i), as amended by the First Step Act of 2018. Barbee suffers from Type II diabetes, hypertension, and obesity, and is serving his sentence at a facility that experienced a large outbreak of COVID-19 infections around the time that Barbee filed his motions. He argued that his medical conditions placed him at significant risk of contracting COVID-19 and contended that he had used his time in prison productively, completing a drug abuse program, passing two parts of the GED test, and taking classes. He had one disciplinary incident two years earlier.
The Seventh Circuit affirmed the denial of relief. Barbee had the burden of establishing extraordinary and compelling circumstances warranting release and the request must be consistent with the 18 U.S.C. 3553(a) sentencing considerations. The court noted Barbee’s extensive criminal history, the seriousness of his most recent offense, the relatively small portion of his sentence that he had served, and that Barbee had received two doses of the Moderna vaccine. Although Barbee argued that he remains at risk as the COVID-19 situation continues to evolve, he did not present any evidence establishing that he is more at risk for an adverse outcome in prison than he would be if released.
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