USA v. Reis

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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
UNITED STATES OF AMERICA
Plaintiff,
vs.
PHILIP REIS,
Defendant.
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Case No. 20-cr-30100-SMY
ORDER
YANDLE, Chief District Judge:
On September 22, 2022, Defendant Philip M. Reis was sentenced to 120 months
imprisonment after pleading guilty to attempted enticement of a minor (Docs. 61, 64). 	Reis is
currently housed at FMC-Rochester, and his projected release date is May 10, 2030. Now pending
before 	the 	Court 	is 	Reis’s 	Motion 	for 	Compassionate 	Release 	pursuant 	to 	18 	U.S.C.
§3582(c)(1)(A) (Doc. 70). For the following reasons, the motion is DENIED.
Discussion
Section 603(b)(1) of the First Step Act permits the Court to reduce a term of imprisonment
upon motion of either the Director of the BOP or a defendant for “extraordinary or compelling
reasons” so long as the reduction is “consistent with applicable policy statements issued by the
Sentencing Commission.” 	18 U.S.C. § 3582(c)(1). 	Following a recent amendment by the
Sentencing Commission, “extraordinary and compelling reasons” for compassionate release
include: (1) medical circumstances, (2) “death or incapacitation of the caregiver of the defendant's
minor child,” (3) the defendant, while in custody, was the victim of sexual or physical abuse, or
(4) “other circumstance or combination of circumstances that, when considered by themselves or
together with any of the reasons described in paragraphs (1) through (4), are similar in gravity to
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those described in paragraphs (1) through (4).” 	U.S.S.G. § 1B1.13(b). 	Defendants moving for
compassionate release bear the burden of establishing the existence of extraordinary and
compelling reasons for such release. United States v. Newton, 996 F.3d 485, 488 (7th Cir. 2021).
Here, Reis requests compassionate release asserting that (1) he suffers from medical
conditions that make it difficult for him to provide self-care within the environment of a
correctional facility; and (2) he is no longer a danger to the public because of his significant
physical limitations.
Reis suffers from Crohn’s disease, Parkinson’s disease and tachycardia, and inflammatory
bowel disease-related arthritis. Reis’s medical records noted that his medical conditions are being
adequately treated by BOP. Reis resides in an independent living housing unit and uses a manual
wheelchair for mobility. His medical records also indicate that Reis does not need assistance with
daily self-care. Conditions that are adequately being treated cannot serve as an extraordinary and
compelling reason for sentence reduction. See United States v. Proctor, 2022 WL 1261762, at *1
(7th Cir. 2022).
Moreover, the § 3553(a) factors weigh in favor of Reis’s continued imprisonment. 	Reis
has served 40 months of his 120-month sentence. Releasing him at this juncture would not reflect
the seriousness of his offense, promote respect for the law, or sufficiently protect the public from
further crimes by him. For the foregoing reasons, Defendant’s Motion for Compassionate Release
pursuant to 18 U.S.C. §3582(c)(1)(A) (Doc. 384) is DENIED.
IT IS SO ORDERED.
DATED: February 19, 2026
STACI M. YANDLE
Chief United States District Judge
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