USA v. Ranes et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
UNITED STATES OF AMERICA,
Plaintiff,
vs.
THOMAS P. RANES,
Defendant.
Case No. 3:06-cr-00041-JMK-1
ORDER GRANTING RENEWED
MOTION FOR COMPASSIONATE
RELEASE
I. 	INTRODUCTION
Before the Court at Docket 1150 is Defendant Thomas P. Ranes’s “Renewed
Motion for Compassionate Release Pursuant to 18 U.S.C. § 3582(c)(1)(A)” (the “Motion”).
Mr. Ranes contends that his medical condition, when coupled with the COVID-19
pandemic and lack of appropriate medical treatment, present extraordinary and compelling
circumstances that justify a reduction in sentence.1 Mr. Ranes asks the Court to reduce his
360-month sentence to time served and suggests an expanded term of supervised release
equal to the sentence being abrogated, with the initial portion to be served on home
confinement.2
1 Docket 1150 at 2–3.
2 Id. at 3.
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The Government denies that Mr. Ranes’s condition presents extraordinary
and compelling circumstances, and further contends that release is inappropriate under the
sentences factors in 18 U.S.C. § 3553(a).3 The U.S. Probation Officer who completed the
Compassionate Release Investigation in this case recommended that the Motion be denied
“[b]ased on the nature and seriousness of the offense, and the need to deter the defendant
and protect the public.”4 For the reasons below, the Court respectfully disagrees.
II. 	BACKGROUND
On June 4, 2008, Mr. Ranes was sentenced to 360 months incarceration for
Conspiracy to Import Controlled Substances, Money Laundering, and International Money
Laundering.5 He currently is in BOP custody, with a release date of June 4, 2031.6 With
Mr. Ranes’s recidivism score, he expects to be released to home confinement by October
2030, approximately 95 months from the date of this Order.7
Mr. Ranes previously petitioned this Court for compassionate release on
July 21, 2020, which the Court denied on September 22, 2020.8 This Court did not reach
whether Mr. Ranes articulated compelling and extraordinary circumstances; rather, it found
that the relevant factors under 18 U.S.C. § 3553(a) did not weigh in favor of release.9 On
3 Docket 1162 at 1–2.
4 Docket 1156 at 3 (sealed).
5 Docket 849.
6 Docket 1164 at 1.
7 See id.; Docket 1150 at 4 (expecting eight months early release to home confinement).
8 Docket 1149.
9 Id. at 4.
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March 9, 2021, Mr. Ranes submitted a renewed request to the Warden of his facility, which
was denied on April 26, 2021.10 On July 28, 2022, Mr. Ranes filed the present Motion.11
III. 	LEGAL STANDARD
The First Step Act of 2018 amended 18 U.S.C. § 3582(c)(1)(A) to allow a
defendant to petition the district court for a sentence reduction after exhausting his
administrative remedies. 	After considering the applicable factors set forth in 18 U.S.C.
§ 3553(a), a court may grant the motion if it finds “extraordinary and compelling reasons
warrant such a reduction . . . and that such a reduction is consistent with the applicable
policy statements issued by the Sentencing Commission.”12 The Sentencing Commission
has not yet issued an “applicable” policy statement for 18 U.S.C. § 3582(c) motions filed
by a defendant.13 	That said, “[t]he Sentencing Commission’s statements in U.S.S.G.
§ 1B1.13 may inform a district court’s discretion,” but they are not binding.14 	U.S.S.G.
§ 1B1.13 describes “extraordinary and compelling reasons” as including: 	(1) serious
medical conditions that are terminal or permanent and that diminish the ability of the
defendant to provide self-care within the correctional facility; (2) the advanced age of the
defendant; (3) family circumstances; and (4) other extraordinary and compelling reasons
not specifically articulated by the statement.15
10 Docket 1150-2 at 2.
11 Docket 1150.
12 18 U.S.C. § 3582(c)(1)(A).
13 United States v. Aruda, 993 F.3d 797, 802 (9th Cir. 2021) (finding that U.S.S.G.
§ 1B1.13 is not an “applicable policy statement” for 18 U.S.C. § 3582(c)(1)(A) motions filed by a
defendant).
14 Id.
15 U.S.S.G. § 1B1.13, cmt. n.1.
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IV. 	DISCUSSION
As a threshold matter, the Government appears to agree that Mr. Ranes
exhausted his administrative remedies and that this matter is ripe for consideration by the
Court.16
In the two years since the Court’s previous Order, several changes have
occurred in Mr. Ranes’s circumstances, his proposed release plan, and the applicable law.
First, Mr. Ranes’s health continues to deteriorate, and, troublingly, BOP has yet to provide
appropriate 	medical 	treatment—even 	after 	this 	Court 	warned 	that he 	has received
“alarmingly inadequate medical care” and has “yet to receive necessary surgery.”17
Second, Mr. Ranes’s sentence has been reduced under 18 U.S.C. § 3624(b) to a new release
date of June 4, 2031, meaning that Mr. Ranes has served over 65 percent of his statutory
sentence (not including any early release to home confinement).18 	Third, Mr. Ranes
proposes that he remain on home confinement for a term equal to the remainder of his
sentence, and the U.S. Probation Officer has assessed Mr. Ranes’s brother’s home as an
appropriate residence if he is released.19 	Last, the Court no longer is bound to the
Sentencing Commission’s statements in U.S.S.G. § 1B1.13.20 	Acknowledging these
changes, the Court considers Mr. Ranes’s motion anew.
16 See Docket 1162 at 3.
17 Docket 1149 at 2.
18 See Docket 1156 at 1 (Defendant has been in BOP custody since April 22, 2006, with a
release date of June 5, 2032) (sealed); Docket 1164 at 1 (Defendant was issued a new release date
of June 4, 2031).
19 Docket 1156 at 2 (sealed).
20 Compare Docket 1149 at 3 with United States v. Aruda, 993 F.3d 797, 802 (9th Cir.
2021).
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The Court first evaluates whether Mr. Ranes presents extraordinary and
compelling reasons that justify a sentence reduction, an inquiry that it did not reach on
Mr. Ranes’s first motion for compassionate release. Discussed below, the Court finds that
Defendant has satisfied this burden: the record demonstrates that Mr. Ranes suffers from
a serious and likely permanent medical condition that substantially diminishes his ability
to provide self-care within the correctional facility; that he is not able to receive appropriate
medical treatment or sanitary supplies at the correctional facility; and that his medical
condition and environment leave him particularly susceptible to infection from COVID-
19.
Mr. Ranes has significant digestive tract issues and diseases of the anus and
rectum, for which he has received over twenty surgeries during his incarceration.21 He has
had multiple sections of his large intestine removed due to complications from medical
treatment he received while in BOP custody, followed by multiple procedures to implant
and then repair medical mesh for an incisional hernia.22 After using a colostomy bag from
2009 	through 	2011, 	Mr. 	Ranes 	had 	multiple 	surgeries 	to 	correct 	subsequent
complications.23 	He cannot defecate without use of an enema,24 experiences consistent
anal leakage and bleeding,25 has frequent UTIs,26 and endures chronic abdominal pain and
abnormalities, especially with the passage of stool.27 	Unrelatedly, in 2019, Mr. Ranes
21 See generally Docket 1152-1 (sealed); see also Docket 1156 at 2 (sealed).
22 Docket 1152-1 at 99–112, 174 (sealed).
23 Id. at 174 (sealed).
24 See, e.g., id. at 2, 6, 110 (sealed).
25 See, e.g., id. at 103, 110, 171 (sealed).
26 See, e.g., id. at 15, 104–05 (sealed).
27 See, e.g., id. at 104, 110–11, 120–23 (sealed).
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suffered a herniated disc and a detached disc in his spine.28 Mr. Ranes states that this spinal
injury has, at times, left him to use a wheelchair.29 Nearly three years later, he has yet to
receive the necessary surgery for his injury.30
Mr. Ranes faces substantial challenges to self-care and his ability to receive
appropriate medical treatment. He must use an enema in a supine position, forcing him to
defecate in front of his cellmates in an open-style dormitory.31 	Mr. Ranes has difficulty
obtaining appropriate medical supplies for his condition, such as enema bags, medical
gauze, and sanitary wipes.32 As a result, Mr. Ranes must re-use enema bags after washing
them out with soap and water, and use wet toilet paper to clean himself. 	Obviously, this
results in irritation, blood, and increased risk of infection.33
In isolation, Mr. Ranes’s loss of a vital bodily function and diminished ability
to care for himself while at a correctional facility could constitute extraordinary and
compelling circumstances.34 	However, it is the confluence of these conditions with the
COVID-19 pandemic that undoubtedly warrant release.35 	Mr. Ranes’s condition leaves
him weakened, compromised, and likely requiring future surgeries. Further, Mr. Ranes is
28 Id. at 27–28, 70 (sealed).
29 Docket 1150 at 6.
30 Id. at 34–35; see also Docket 1149 at 2.
31 See, e.g., Docket 1152-1 at 2 (sealed).
32 See generally Docket 1150-3 (requests for medical supplies).
33 See Docket 1150-3 at 8–9, 13; Docket 1152-1 at 40 (sealed).
34 See U.S.S.G. § 1B1.13, cmt. n.1(A)(ii); United States v. Alvarado, No. 16-cr-00940-
BAS, 2020 U.S. Dist. LEXIS 159291, at *7 (S.D. Cal. Aug. 31, 2020) (finding that level of chronic
care, including change of colostomy bag, renders defendant unable to provide self-care within
correctional institution).
35 See United States v. Rivas, No. TDC-19-0417, 2022 U.S. Dist. LEXIS 2396, at *4 (D.
Md. Jan. 4, 2022).
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at heightened risk of infection due to his rectal disease, which is aggravated by a lack of
cleaning supplies and enema bags. 	While Mr. Ranes has received the Moderna vaccine,
he has not received any booster doses.36 With an ever-evolving virus and waning immunity
from both vaccines and infection, the Court is not persuaded by the Government’s
argument that Mr. Ranes is not vulnerable to COVID-19 because he once recovered from
the virus.37 	Taken together, Mr. Ranes’s medical condition, his inability to receive
appropriate medical treatment and supplies while in BOP custody, and his increased risk
of 	complications 	from 	COVID-19 	infection 	present 	extraordinary 	and 	compelling
circumstances that justify release.
The Court next considers the applicable sentencing factors set forth in
18 U.S.C. § 3553(a):
the nature and circumstances of the offense and the history and
characteristics of the defendant; the need for the sentence
imposed; 	the 	kinds 	of 	sentences 	available; 	the 	kinds 	of
sentence 	and 	the 	sentencing 	range 	established 	in 	the
Guidelines; 	any 	pertinent 	policy 	statement 	issued 	by 	the
Sentencing 	Commission; 	the 	need 	to 	avoid 	unwarranted
sentence disparities among defendants with similar records
who have been found guilty of similar conduct; and the need
to provide restitution to any victims.38
The “need for the sentence imposed” may include the need to: reflect the seriousness of
the offense; deter future criminal conduct; protect the public from further crimes by the
defendant; and provide the defendant with necessary training, medical care, or correctional
36 See Docket 1150 at 42; Docket 1152-1 at 91 (sealed).
37 See Rivas, 2022 U.S. Dist. LEXIS 2396, at *5.
38 United States v. Carty, 520 F.3d 984, 991 (9th Cir. 2008) (en banc) (summarizing
18 U.S.C. § 3553(a)(1)–(7)).
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treatment “in the most effective manner.”39 Importantly, the Court considers these factors
to impose a sentence that is sufficient, but not greater than necessary, to comply with those
needs.40
The Court previously found that release “would not reflect the seriousness of
the offenses” because Mr. Ranes had served less than half of his sentence.41 In addition,
the Court was “not persuaded that Ranes would not pose a danger to the community if
released.”42 Over two years later, and in light of developments in applicable caselaw, the
Court now concludes that the sentencing factors counsel release.
The Court first considers the history and characteristics of Defendant. 	Mr.
Ranes has no prior criminal history43 and is classified as minimum-security.44 	While
incarcerated, he has shown a record of rehabilitation, good character, work ethic, and
contribution to his community.45 	Mr. Ranes has completed over 40 rehabilitative and
education programs and has excelled in his job assignments.46 He has maintained strong
family ties while incarcerated.47 This factor undoubtedly weighs towards release.
The nature of Mr. Ranes’s crime is a more difficult question. 	Over sixteen
years ago, Mr. Ranes participated in a conspiracy to traffic drugs—mostly marijuana—into
39 18 U.SC. § 3553(a)(2)(A)–(D).
40 18 U.S.C. § 3553(a).
41 Docket 1149 at 4–5.
42 Id. at 5.
43 Docket 790-4 at 8 (sealed).
44 Docket 1150-8 at 2.
45 See generally Docket 1150-8; Docket 1150-9; Docket 1150-10.
46 See Docket 1150-7 at 2–3, 7; Docket 1150-9 at 2–9 (letters of support from BOP staff),
10 (certificate of appreciation).
47 See Docket 1150-10 at 2–14 (letters of support from family and community members).
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Alaska from Canada. 	In opposing the present Motion, the Government makes much of
Mr. Ranes’s admission that he is liable under Pinkerton v. United States for the murder of
Tom Cody.48 The Presentence Report increased Mr. Ranes’s offense by two levels for this
specific offense characteristic, namely, possessing a firearm coupled with the admission
that “it was foreseeable to me that a firearm would be used in the course of the conspiracy
and that a death would result from such use.”49 	However, Mr. Ranes consistently has
denied 	any 	responsibility 	beyond 	Pinkerton 	liability, 	specifically 	rejecting 	that 	he
participated in Tom Cody’s murder or was involved beyond an awareness that “co-
defendant Shine manufactured and tested a silencer for a 9 millimeter Beretta firearm at
the Ranes and Shine shop, for the purpose of using the Beretta firearm to kill a co-
conspirator.”50 While Mr. Ranes plead guilty to international drug conspiracy and money
laundering, he has never been charged—let alone convicted—of a violent crime. For the
Government to characterize his offense as a “homicide” is disingenuous, and the Court will
not give more weight to this allegation than when Mr. Ranes originally was sentenced.51
Indeed, the co-defendant who admitted to murdering Tom Cody (and whose sole testimony
the Government cites to implicate Mr. Ranes) was sentenced to nearly ten years less than
Mr. Ranes.52 	The nature of Mr. Ranes’s drug trafficking crime certainly is serious, as
48 See Docket 1162 at 8.
49 Docket 790-4 at 5 (presentence report) (sealed); see also Docket 849 (adopting
presentence report without change).
50 Docket 719 at 8–9 (plea agreement); see also Docket 819 at 2 (“Mr. Ranes denies any
involvement in the death of Thomas Cody, a denial that is tacitly embedded in the plea
agreement.”); Docket 1150 at 50 (denying any participation during sentencing hearing).
51 See Docket 790-4 (outlining offense level and adjustments) (sealed).
52 Docket 907 (imposing 244 months imprisonment) (sealed).
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discussed below, but the Court will not characterize it as a homicide, nor treat Mr. Ranes’s
co-conspirator’s allegations as dispositive to his sentence.
The need for Mr. Ranes’s sentence today profoundly differs from that need
in 2008. When Mr. Ranes entered prison, he was an able-bodied, 34-year-old man. Now,
Mr. Ranes has a severe and likely permanent medical condition that results in chronic pain
and diminished control over a vital bodily function. 	The need to deter future crime has
been met; Mr. Ranes understands that he would face significant threat to his health and
quality of life if he returned to prison. Recidivism further is unlikely because of his health
condition, age, family ties, positive conduct while incarcerated, and low recidivism score.53
For similar reasons, this Court finds that Mr. Ranes does not pose a serious risk of danger
to his community.
While Mr. Ranes does not appear at risk for recidivism, the scale and
seriousness of his crime gives the Court pause. 	Mr. Ranes was a leader of a major
conspiracy to traffic drugs into Alaska, which resulted in Tom Cody’s death. 	However,
this is one aspect of one sentencing factor, and the Court considers it in context. Mr. Ranes
has served over 16 years, or approximately 65 percent, of his statutory sentence.54 	But
incarceration caused Mr. Ranes to suffer a serious and traumatic health condition—in this
sense, he has undergone a more severe sentence than his time served would reflect. Further,
Mr. Ranes already has served an objectively longer sentence than most of his co-
53 Docket 1150-7 at 5 (noting low PATTERN score).
54 C.f. Docket 1149 at 5 (finding that release is inappropriate, in part, because Mr. Ranes
had served less than half his sentence).
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conspirators.55 	An 	expanded 	term 	of 	supervised 	release 	and 	imposition 	of 	home
confinement will further reflect the severity of his crimes.56 Finally, a reduction in sentence
with a term of home confinement will “provide the defendant with needed . . . medical care
in the most effective manner,”57 an analysis that has dramatically changed since Mr. Ranes
was sentenced in 2008.
After considering the applicable sentencing factors set forth in 18 U.S.C.
§ 3553, the Court finds that a sentence of time served, coupled with adequate conditions of
release, is both sufficient and no greater than necessary to achieve the original goals of
Mr. Ranes’s sentencing. 	The confluence of Mr. Ranes’s medical condition, lack of
appropriate medical treatment, inability to care for himself while incarcerated, and greater
susceptibility to COVID-19 create extraordinary and compelling reasons that warrant
Mr. Ranes’s compassionate release.
V. 	CONCLUSION
Defendant’s 	Motion 	for 	Compassionate 	Release 	at 	Docket 	1150 	is
GRANTED. 	Mr. Ranes’s sentence is reduced to time served, effective December 14,
55 See Docket 819 at 8; 18 U.S.C. § 3553(a)(6) (“The court, in determining the particular
sentence to be imposed, shall consider . . . the need to avoid unwarranted sentence disparities
among defendants with similar records who have been found guilty of similar conduct”); United
States v. Rivas, No. TDC-19-0417, 2022 U.S. Dist. LEXIS 2396, at *7–8 (D. Md. Jan. 4, 2022)
(finding that sentence reduction would not create unwarranted disparities in light of defendant’s
health challenges and co-defendant’s comparatively lower sentence).
56 United States v. Wright, 46 F.4th 938, 951 (9th Cir. 2022) (“Instead, upon granting a
sentence reduction, a court ‘may impose a term of probation or supervised release with or without
conditions that does not exceed the unserved portion of the original term of imprisonment,’
18 U.S.C. § 3582(c)(1)(A), including a condition of home detention ‘as a substitute for
imprisonment.’ U.S.S.G. § 5F1.2.”).
57 18 U.S.C. § 3553(a)(2)(D).
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2022. The Court imposes a six-year term of supervised release, with the initial two years
of that term to be served on the condition of home confinement. 	All other terms and
conditions of supervised release as outlined in the Court’s original judgment shall apply.58
Defendant shall participate in the home confinement program for a period of 24 months
and shall abide by all the assigned components of the program, which will include
electronic monitoring or other location verification system. 	Specifically, Mr. Ranes is
restricted to his residence at all times except for employment; education; religious services;
medical, substance abuse, or mental health treatment; Court-ordered obligations; attorney
visits and court appearances; or other activities as pre-approved by the probation officer.
Defendant shall pay for the cost of electronic monitoring or other location verification
system.
IT IS SO ORDERED this 22nd day of November, 2022, at Anchorage,
Alaska.
/s/ Joshua M. Kindred
JOSHUA M. KINDRED
United States District Judge
58 Docket 849 at 4–5.
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