United States of America v. Demario Covington, a/k/a Booger

Florence, South Carolina, pro se defense without a lawyer represented himself seeking compassionate releasse e pursuant to 18 U.S.C. § 3582(c)(1)(A).



The Defendant was charged with:



CONSPIRACY TO DISTRIBUTE NARCOTICS knowingly did conspire with each other and with others, to knowingly and intentionally possess with intent to distribute and distribute cocaine and cocaine base, commonly known as "crack" cocaine, both Schedule II controlled substances, said conspiracy involving 5 kilograms or more of cocaine and 280 grams or more of "crack" cocaine, all in violation of 21:841(a)(1) and 841(b)(1)(A)



18 U.S.C. § 3582 outlines the rules for imposing and modifying sentences of imprisonment in federal court, with a key provision being § 3582(c)(1)(A), which allows for sentence reduction under "extraordinary and compelling reasons," often referred to as "compassionate release". To qualify for a sentence reduction, the proposed reduction must be consistent with the sentencing factors under 18 U.S.C. § 3553(a) and the United States Sentencing Commission's policy statements.

Key Aspects of 18 U.S.C. § 3582



Imposing a Sentence:



Subsection (a) requires courts to consider the factors listed in 18 U.S.C. § 3553(a) when deciding to impose a term of imprisonment and its length.



Modifying an Imposed Sentence:



Once a sentence is imposed, the court cannot modify it unless specifically authorized by law.



Compassionate Release Under § 3582(c)(1)(A)



"Extraordinary and Compelling Reasons":



This clause allows a court to reduce a sentence if there are "extraordinary and compelling reasons" for the reduction.



Sentencing Factors:



The court must also consider the factors outlined in 18 U.S.C. § 3553(a), which relate to the nature and circumstances of the offense, the defendant's history and characteristics, and the need for deterrence, incapacitation, and rehabilitation.



Sentencing Commission Policy Statements:



The proposed sentence reduction must be consistent with the Sentencing Commission's applicable policy statements, such as those found in § 1B1.13 of the U.S. Sentencing Guidelines.



Who Can File a Motion:



Before the First Step Act, only the Director of the Bureau of Prisons (BOP) could file a motion, but now, a prisoner can file a motion directly to the court.



Examples of Extraordinary and Compelling Reasons



The First Step Act and related amendments to the Sentencing Guidelines provide for the definition of "extraordinary and compelling reasons," which include: Terminal illness, Severe physical or mental impairment, Certain family emergencies, and Other circumstances determined by the Sentencing Commission to be compelling and extraordinary.

The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for four hundred and twenty (420) months.The court makes the following recommendations to the Bureau of Prisons: It is recommended that the Defendant be evaluated for any need for drug treatment while he is incarcerated. It is further recommended that the Defendant receive medical treatment while incarcerated. The defendant is remanded to the custody of the United States Marshal. Upon release from imprisonment, the defendant shall be on supervised release for a term of Ten (10) years. While on supervised release, the Defendant shall comply with the mandatory and standard conditions of supervision outlined in 18 USC 3583(d). The Defendant shall also comply with the following special condition: The defendant shall satisfactorily participate in a substance abuse treatment program, to include drug testing, as approved by the U. S. Probation Office. The defendant must report to the probation office in the district to which the defendant is released within 72 hours of release from the custody of the Bureau of Prisons. The defendant shall not commit another federal, state or local crime. The defendant shall not unlawfully possess a controlled substance. The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of release from imprisonment and at least two periodic drug tests thereafter, as determined by the court. The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. The defendant shall cooperate in the collection of DNA as directed by the probation officer. $100 special assessment.



Motion for compassionate release denied.



Affirmed