USA v. Ly et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
UNITED STATES OF AMERICA,
Plaintiff,
v.
SUSAN JAN BRADSHAW,
Defendant.
Case No. 3:15-cr-00005-SLG-7
ORDER REGARDING MOTION FOR COMPASSIONATE RELEASE
Before the Court at Docket 971 is defendant Susan Jan Bradshaw’s Motion
and Memorandum in Support of Compassionate Release Pursuant to 18 U.S.C. §
3582(C)(1)(A). The government filed an opposition at Docket 977. The U.S.
Probation Office filed a sealed Compassionate Release Investigation report at
Docket 976 and a supplemental report at Docket 978. Ms. Bradshaw filed her
medical records under seal at Dockets 975 and 980.
On October 22, 2019, this Court sentenced Ms. Bradshaw to 48 months of
incarceration after she pleaded guilty to one count of Money Laundering
Conspiracy.1 Ms. Bradshaw is currently incarcerated at Dublin FCI in California,
and her projected release date is January 7, 2023.2 In light of the COVID-19
1 Docket 939.
2 Fed. Bureau of Prisons, Inmate Locator (available at www.bop.gov/inmateloc/) (last accessed
Oct. 9, 2020).
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pandemic, Ms. Bradshaw seeks an order reducing her sentence to time served
and possibly “modifying her term of supervised release to include home detention
for the period of time equal to the remaining term of incarceration.”3
The government responds that the motion should be denied because Ms.
Bradshaw’s “medical condition is not an ‘extraordinary and compelling’ reason at
this time” and because a reduction in sentence “would be entirely inconsistent with
the 18 U.S.C. § 3553(a) factors underlying the Court’s original 48-month
sentence.”4 The U.S. Probation Officer who completed the Compassionate
Release Investigation in Ms. Bradshaw’s case recommended that the motion be
denied because Ms. Bradshaw’s medical conditions are being addressed by the
BOP “through medication and continued care” and because a reduction in
sentence to time served “would not adequately address the seriousness of the
instant offense and the need to deter the defendant and others from similar
conduct.”5
I. Applicable law
The First Step Act of 2018 amended 18 U.S.C. § 3582(c)(1)(A) to allow
federal inmates to move the district court for a sentence reduction after exhausting
their administrative rights.6 If the defendant has exhausted their administrative
3 Docket 971 at 3.
4 Docket 977 at 2.
5 Docket 976 at 3.
6 First Step Act of 2018, PL 115-391, Dec. 21, 2018, 132 Stat 5194. Prior to this amendment,
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rights, a district court must consider the motion on the merits. On the merits, the
court must find that “extraordinary and compelling reasons warrant” a sentence
reduction, that the applicable factors set forth in 18 U.S.C. § 3553(a) support a
sentence reduction, and that “such a reduction is consistent with applicable policy
statements issued by the Sentencing Commission.”7
II. Exhaustion of administrative rights
An inmate has exhausted her administrative rights if the warden of an
inmate’s facility has denied a request for compassionate release or if 30 days have
lapsed from the receipt of a request by an inmate for compassionate release by
the warden of the inmate’s facility.8 The parties agree that Ms. Bradshaw has
exhausted her administrative rights.9 The Court finds that Ms. Bradshaw has met
the exhaustion standard, and the motion is ripe for consideration on the merits.
III. Extraordinary and compelling reasons
Ms. Bradshaw, who is 56 years old, submits that she “has significant health
issues.”10 Ms. Bradshaw’s medical records confirm that she has been diagnosed
only the Director of the Bureau of Prisons could bring a motion to reduce an inmate’s sentence.
7 18 U.S.C. § 3582(c). In Pepper v. United States, 562 U.S. 476, 490–93 (2011), the Supreme
Court held that when resentencing a defendant whose sentence has been set aside on appeal,
“a district court may consider evidence of a defendant’s rehabilitation since his prior sentencing
and that such evidence may, in appropriate cases, support a downward variance from the
advisory Guidelines range.”
8 18 U.S.C. § 3582(c)(1)(A).
9 Docket 971 at 5–6; Docket 977 at 13 n. 2.
10 Docket 971 at 1.
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with a number of health issues; however, many of those issues do not appear to
increase her risk of COVID-19. For example, Meniere’s Disease is an inner-ear
disorder that can cause dizziness and hearing loss;11 Terson’s syndrome results
from ocular hemorrhages and can cause eyesight loss.12 However, the Centers
for Disease Control and Prevention indicate that people with Chronic Obstructive
Pulmonary Disease (COPD) and people who are obese “are at increased risk of
severe illness from the virus that causes COVID-19” and indicate that people with
asthma “might be at an increased risk for severe illness.”13 Ms. Bradshaw is obese
and has both COPD and asthma. She maintains that these issues “place her in a
high-risk category if she is exposed to coronavirus” and “constitute ‘extraordinary
and compelling’ circumstances that warrant her release from custody.”14
The government agrees that Ms. Bradshaw “has a number of health
conditions that are identified COVID-19 risk factors.”15 However, the government
contends that Ms. Bradshaw is able to provide self-care within Dublin FCI and that
11 Mayo Clinic, Meniere’s disease, available at www.mayoclinic.org/diseases-
conditions/menieres-disease/symptoms-causes/syc-20374910 (last accessed Oct. 9, 2020);
Docket 971-2 (letter from Dr. David Beal).
12 Megan Rowlands, et al, Terson Syndrome: Don’t Let it Go Unrecognized, Amer. Acad. Of
Ophthalmology EyeNet Magazine (Nov. 2018).
13 Centers for Disease Control & Prevention, People with Certain Medical Conditions, available
at www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/people-with-medical-
conditions.html (last accessed Oct. 9, 2020).
14 Docket 971 at 2, 19.
15 Docket 977 at 15.
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the BOP “has cared for her medical conditions, and nothing indicates that such
care will be unavailable during the pandemic.”16
The Court has reviewed nearly 200 pages of Ms. Bradshaw’s medical
records spanning from late 2017 to September 2020.17 The vast majority of those
records document care related to hearing, vision, and dental problems and a
gallbladder surgery Ms. Bradshaw underwent in summer 2019. There are very
few records reflecting problems related to asthma, COPD, or obesity. The medical
records show that Ms. Bradshaw is prescribed an albuterol inhaler and a tiotropium
bromide inhaler for asthma and COPD along with two oral medications for asthma
and COPD (montelukast sodium and prednisone).18 Last month, Ms. Bradshaw
had increasing shortness of breath and was spitting up mucus.19 She was seen
on two consecutive days by the medical staff at Dublin FCI, who noted that the
problems may have been caused by allergens and not exacerbated asthma or
COPD.20
The Court finds that although Ms. Bradshaw’s asthma, COPD, and obesity
are factors that increase her risk of COVID-19, the BOP is providing adequate and
appropriate medical care. Ms. Bradshaw’s medical condition does not constitute
16 Docket 977 at 15–16.
17 Docket 971-2 at 7–21; Docket 975-1; Docket 980-1.
18 Docket 980-1 at 23–24.
19 Docket 980-1 at 1, 4.
20 Docket 980-1 at 1–4.
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an “extraordinary and compelling” reason that would justify a reduction in sentence
at this time.
IV. Section 3553(a) factors
Ms. Bradshaw acknowledges that “the circumstances of the present offense
qualified Ms. Bradshaw for the serious sentence this Court originally imposed.”21
However, she asserts that “the sentencing purpose of just punishment does not
warrant a sentence that includes exposure to a life-threatening illness” and that the
COVID-19 pandemic is an “overriding factor under § 3553(a) that was not present
at the time of sentencing.”22
In considering a motion for compassionate release, the § 3553(a) factors
are a lens through which the Court views the continued validity of the imposed
sentence in light of the COVID-19 pandemic. The Court finds that the applicable
§ 3553(a) factors do not support a reduction in sentence in this case for the
following reasons.
Ms. Bradshaw’s crime of conviction involved her making “at least 1 deposit
of U.S. currency into a bank account belonging to the leader of an extensive drug
conspiracy.”23 A confidential informant identified Ms. Bradshaw as a
21 Docket 971 at 25.
22 Docket 971 at 25. Ms. Bradshaw cites to the Eighth Amendment’s prohibition on cruel and
unusual punishment but does not develop a constitutional argument. Docket 971 at 25–26.
23 Docket 902 at 1, 17 (under seal).
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methamphetamine and heroin dealer.24 A search of Ms. Bradshaw’s home and
storage unit located more than $150,000 dollars in cash, ten firearms,
methamphetamine, and heroin.25 Ms. Bradshaw was charged in federal court in
January 2015 and in September 2017 was found and arrested in Mexico.26
The U.S.S.G. range in this case was 135 to 168 months.27 However, this
Court imposed a sentence substantially below the U.S.S.G. range in part due to
Ms. Bradshaw’s medical issues.28 As the government points out, the imposed 48
month sentence was 65% below the low end of the U.S.S.G. range.29 Ms.
Bradshaw has only served approximately one year of her sentence.30 The Court
finds that further reduction of Ms. Bradshaw’s sentence would not reflect the nature
and circumstances of the offense, the history and characteristics of Ms. Bradshaw,
the seriousness of the offense, promote respect for the law, afford adequate
deterrence, protect the public, or provide just punishment.31
24 Docket 902 at 11.
25 Docket 902 at 18–19.
26 Docket 902 at 9–10.
27 Docket 902 at 1.
28 Docket 940 at 3 (under seal).
29 Docket 977 at 22.
30 Docket 976 at 3.
31 18 U.S.C. § 3553(a)(2).
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The Court also finds that Ms. Bradshaw’s proposed release plan is not
feasible. Ms. Bradshaw proposes to serve her home confinement by living with
her son in Wasilla, Alaska.32 However, when contacted by the U.S. Probation
Office, Ms. Bradshaw’s son indicated he was not able to have her live with him at
this time.33 Ms. Bradshaw’s daughter and a family friend have also declined to
have Ms. Bradshaw live with them at this time.34 Thus, there is currently no release
plan in place for Ms. Bradshaw.
In light of the foregoing, IT IS ORDERED that the motion at Docket 971 is
DENIED.
DATED this 13th day of October, 2020, at Anchorage, Alaska.
/s/ Sharon L. Gleason
UNITED STATES DISTRICT JUDGE
32 Docket 971 at 27
33 Docket 976 at 2.
34 Docket 976 at 2; Docket 978.
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