USA v. Borges, et al.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
UNITED STATES OF AMERICA,
Plaintiff,
vs.
ROBIN TAKIGUCHI,
Defendant.
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CR. NO. 23-00050 HG-04
ORDER GRANTING DEFENDANT’S MOTION TO REDUCE SENTENCE UNDER THE
FIRST STEP ACT (COMPASSIONATE RELEASE) (ECF No. 290)
Defendant is currently incarcerated at Federal Correctional
Institution Terminal Island with a predicted release date of
October 14, 2026.
Defendant has filed a Motion seeking immediate release
pursuant to the First Step Act, 18 U.S.C. § 3582(c)(1)(A)(i).
Defendant seeks release due to his health condition and the
Bureau of Prison’s failure to provide adequate medical care.
Defendant has been diagnosed with a rare form of cancer in
his thymus gland. Defendant was ordered to have follow-up
assessments to determine if the cancer spread to his lymph nodes
more than eight months ago.
The Government represents that on October 17, 2025,
Defendant was seen at the Oncology Institute of Hope & Innovation
and that it was recommended that he have a repeat PET scan and be
referred for numerous other appointments and treatment.
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The Government represents that on November 21, 2025,
laboratory testing as well as cardiothoracic surgery, radiology,
oncology, and pulmonology consultations were requested on behalf
of Defendant.
On December 5, 2025, Defendant was seen by FCI Terminal
Island Health Services and told the consults were pending.
Following the December 5, 2025 appointment, however, it was
announced that FCI Terminal Island where Defendant is currently
housed is closing. The Government represents that all of
Defendant’s medical appointments will need to be rescheduled when
he arrives at a new facility to serve the remaining portion of
his sentence of incarceration. The Government represents that it
is not known when FCI Terminal Island will officially close or
when and to where Defendant will be transferred.
Defendant’s MOTION FOR COMPASSIONATE RELEASE (ECF No. 290)
is GRANTED.
PROCEDURAL HISTORY
On September 7, 2023, the grand jury returned the Second
Superseding Indictment, charging Defendant Takiguchi with three
counts:
Count 5 for Conspiracy to Obstruct Justice in violation of
18 U.S.C. § 1512(k);
Count 6 for Obstruction of Justice in violation of 18 U.S.C.
§ 1512(c)(2); and
Count 7 for Obstruction of Justice in violation of 18 U.S.C.
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§ 1512(c)(2).
(Second Superseding Indictment, ECF No. 68).
On September 8, 2023, Defendant was arrested and detained
pending trial. (ECF Nos. 93, 118).
On May 24, 2024, Defendant Takiguchi pleaded guilty,
pursuant to a plea agreement, to Count 5 of the Second
Superseding Indictment for Conspiracy to Obstruct Justice in
violation of 18 U.S.C. § 1512(k) before the Magistrate Judge.
(ECF Nos. 173, 174).
On June 25, 2024, the Court accepted Defendant’s plea of
guilty. (ECF No. 183).
On September 5, 2024, Defendant’s sentencing hearing was
held. (ECF No. 202). Defendant was sentenced to 46 months
imprisonment and three years of supervised release. (Judgment,
ECF No. 204).
Counts 6 and 7 of the Second Superseding Indictment were
dismissed as to Defendant Takiguichi. (Sentencing Minutes, ECF
No. 202).
On September 10, 2025, Defendant, with representation by the
Federal Public Defender’s Office, filed a Motion to Reduce
Sentence pursuant to 18 U.S.C. § 3582(c)(1)(A)(i) (compassionate
release). (ECF No. 290).
On the same date, the Court issued a briefing schedule.
(ECF No. 295).
On September 23, 2025, the Government requested to extend
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the deadline to respond to Defendant’s Motion, which was granted.
(ECF No. 297).
On September 30, 2025, the Government filed its Opposition
to Defendant’s Motion for Compassionate Release. (ECF No. 298).
On October 3, 2025, Defendant filed his Reply. (ECF No.
299).
On October 14, 2025, the Court set a hearing on Defendant’s
Motion. (ECF No. 300).
On October 28, 2025, the Government filed a Status Update.
(ECF No. 301).
On October 29, 2025, the Court continued the hearing on
Defendant’s Motion given the Government’s status update. (ECF
No. 302).
On December 31, 2025, the Government filed a Second Status
Update. (ECF No. 304).
On January 6, 2026, the Court held a hearing on Defendant’s
Motion for Compassionate Release. (ECF No. 307).
STANDARD OF REVIEW
A judgment of conviction that includes a sentence of
imprisonment constitutes a final judgment and may not be modified
by a district court except in limited circumstances. Dillon v.
United States, 560 U.S. 817, 824-25 (2010).
On December 21, 2018, Congress passed the First Step Act of
2018. PL 115-391, December 21, 2018, 132 Stat. 5194. The First
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Step Act amended 18 U.S.C. § 3582(c), the statute governing the
limited circumstances under which the trial court may evaluate a
motion for reduction of sentence.
The First Step Act altered the statute in Section
3582(c)(1)(A) to allow a defendant to request that the trial
court reduce his sentence through a motion for compassionate
release, but the statute requires the defendant to first present
his request for release to the Bureau of Prisons. 18 U.S.C. §
3582(c)(1)(A).
18 U.S.C. § 3582(c)(1)(A), as amended by the First Step Act
of 2018, provides, in pertinent part:
[T]he court, upon motion of the Director of the Bureau
of Prisons, or upon motion of the defendant after the
defendant has fully exhausted all administrative rights
to appeal a failure of the Bureau of Prisons to bring a
motion on the defendant's behalf or the lapse of 30
days from the receipt of such a request by the warden
of the defendant's facility, whichever is earlier, may
reduce the term of imprisonment...after considering the
factors set forth in section 3553(a) to the extent that
they are applicable, if it finds that—
(i) extraordinary and compelling reasons warrant
such a reduction;
...
and that such a reduction is consistent with
applicable policy statements issued by the
Sentencing Commission.
18 U.S.C. § 3582(c)(1)(A).
SECTION 3582(c)(1)(A) AS AMENDED BY THE FIRST STEP ACT
A. Mandatory Procedural Requirement
The statute allows the Court to consider a defendant’s
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request for compassionate release only after the defendant has
first presented his request to the Bureau of Prisons (“BOP”). 18
U.S.C. § 3582(c)(1)(A); United States v. Keller, 2 F.4th 1278,
1282 (9th Cir. 2021).
The Parties agree that Defendant Takiguchi properly
exhausted his administrative remedies before filing his Motion.
B. Basis For Defendant’s Motion For Compassionate Release
If a defendant has complied with the mandatory procedural
requirement set forth in 18 U.S.C. § 3582(c)(1)(A), the District
Court may reduce a term of imprisonment, including the grant of
compassionate release, upon finding “extraordinary and compelling
reasons.”
The Ninth Circuit Court of Appeals has explained that
reduction in a sentence based on extraordinary and compelling
reasons pursuant to Section 3582(c)(1)(A) is a “narrow” remedy
and the decision to grant such relief is discretionary with the
District Court, and relief is not mandatory. United States v.
Wright, 46 F.4th 938, 944-45 (9th Cir. 2022).
1. Extraordinary And Compelling Reasons As Set Forth
In The United States Sentencing Guidelines
Section 3582(c)(1)(A) itself does not define extraordinary
and compelling reasons. Congress stated that the Sentencing
Commission shall describe what should be considered extraordinary
and compelling reasons for sentence reduction, including the
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criteria to be applied and a list of specific examples. United
States v. Aruda, 993 F.3d 797, 800 (9th Cir. 2021).
Following the passage of the First Step Act, in 2023, the
United States Sentencing Commission amended its Policy Statement
governing motions for compassionate release in Section 1B1.13(a).
Since the amendments, Aruda is no longer good law to the
extent that it held that the policy statements of the United
States Sentencing Commission are not binding on motions for
compassionate release. United States v. Kaneko, Cr. No. 19-00062
JMS-01, 2024 WL 1018362, *2 (D. Haw. Mar. 8, 2024); United States
v. Arcila, 716 F.Supp.3d 1052, 1055 (D. Or. 2024); United States
v. Ciarlo, 2024 WL 2782506, *3 (W.D. Wash. May 30, 2024).
A defendant must show extraordinary and compelling reasons
to reduce the sentence consistent with the current version of
U.S.S.G. § 1B1.13. Kaneko, 2024 WL 1018362, at *2.
Section 1B1.13 sets forth several specific extraordinary and
compelling reasons which may form—individually or in
combination—the basis to reduce a sentence:
(1) certain medical circumstances of the defendant;
(2) age of the defendant coupled with health issues;
(3) certain family circumstances of the defendant;
(4) whether the defendant was a victim of sexual or
physical abuse while in custody;
(5) other circumstances (or a combination of circumstances)
“similar in gravity” to (1)–(4); and
(6) defendant received an unusually long sentence.
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U.S.S.G. § 1B1.13.
Specifically at issue with Defendant's Motion, Section
1B1.13(b)(1) states that extraordinary and compelling reasons can
exist based on medical circumstances of the defendant, as
follows:
(A) The defendant is suffering from a terminal illness
(i.e., a serious and advanced illness with an end-of-
his-life trajectory). A specific prognosis of life
expectancy (i.e., a probability of death within a
specific time period) is not required. Examples
include metastatic solid-tumor cancer, amyotrophic
lateral sclerosis (ALS), end-stage organ disease, and
advanced dementia.
(B) The defendant is—
(i) suffering from a serious physical or medical
condition,
(ii) suffering from a serious functional or
cognitive impairment, or
(iii) experiencing deteriorating physical or mental
health because of the aging process,
that substantially diminishes the ability of the
defendant to provide self-care within the environment
of a correctional facility and from which he or she is
not expected to recover.
(C) The defendant is suffering from a medical condition
that requires long-term or specialized medical care
that is not being provided and without which the
defendant is at risk of serious deterioration in health
or death.
(D) The defendant presents the following circumstances—
(i) the defendant is housed at a correctional
facility affected or at imminent risk of
being affected by (I) an ongoing outbreak of
infectious disease, or (II) an ongoing public
health emergency declared by the appropriate
federal, state, or local authority;
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(ii) due to personal health risk factors and
custodial status, the defendant is at
increased risk of suffering severe medical
complications or death as a result of
exposure to the ongoing outbreak of
infectious disease or the ongoing public
health emergency described in clause (i); and
(iii) such risk cannot be adequately mitigated in a
timely manner.
U.S.S.G. § 1B1.13(b)(1).
2. Evaluation Of 3553(a) Factors Not Required If
Extraordinary And Compelling Reasons Not
Established
The Ninth Circuit Court of Appeals has explained that the
District Court may consider both “extraordinary and compelling”
reasons and the relevant § 3553(a) factors, but that it may deny
compassionate release on either basis. Wright, 46 F.4th at 945.
A District Court need not follow any sort of “sequential
step-by-step analysis” in evaluating a motion filed pursuant to
18 U.S.C. § 3582(c)(1)(A). Keller, 2 F.4th at 1284.
ANALYSIS
Defendant Takiguchi seeks a reduction in sentence based on
extraordinary and compelling reasons given his medical condition
as set forth in United States Sentencing Guideline §
1B1.13(b)(1). Defendant asserts that he is suffering from a
medical condition that requires long-term or specialized medical
care that is not being provided and without which the defendant
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is at risk of serious deterioration in health or death. U.S.S.G.
§ 1B1.13(b)(1)(C).
Defendant Takiguchi is a 54 year-old man. Defendant has
served approximately 28 months of his 46-month sentence.
Defendant has a projected release date of October 14, 2026.
About a year ago on January 21, 2025, Defendant Takiguchi
was transported to the emergency room at Queen’s Medical Center
after he experienced shortness of breath and chest pain while he
was incarcerated at the Federal Detention Center Honolulu.
(Def.’s Motion at p. 3, ECF No. 290). A CT scan was conducted
that showed a large, 3.9 cm x 4.2 cm mass in Defendant’s left
lung. (Def.’s Medical Records at p. 11, attached as Ex. B to
Def.’s Motion, ECF No. 290-2).
Two months later, on March 19, 2025, a bronchoscopy was
conducted and a biopsy revealed that the mass in Defendant’s lung
was a thymoma, a rare cancer that forms on the thymus gland.
(Id. at pp. 11-12; see Def.’s Motion at p. 3 n.1, ECF No. 290).
On April 1, 2025, Defendant Takiguchi had a follow-up
appointment with a thoracic surgeon who found that there was a
“possible metastasis to the bilateral hilar lymph nodes.” Def.’s
Medical Records at p. 12). The surgeon concluded that if the
cancer had spread to the lymph nodes then chemotherapy and
possible surgery were required. (Id.) The surgeon referred
Defendant for a PET/CT scan and a consultation with an
oncologist. (Id.)
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On April 17, 2025, Defendant had a consultation with Hawaii
Cancer Care. (Id. at pp. 25-28). The oncologist agreed a PET/CT
scan was necessary to assess whether the cancer had spread to the
lymph nodes. (Id.)
On April 23, 2025, a PET/CT scan was conducted at Kuakini
Medical Center. (Id. at pp. 13-15). The scan confirmed the
presence of the thymoma and noted the presence of a 1.7 cm right
hilar lymph node that was “difficult to identify.” (Id. at p.
16).
On May 8, 2025, Defendant had a consultation appointment at
the Cancer Center of Hawaii. (Id. at pp. 16-18). Another
bronchoscopy was scheduled for May 27, 2025 to evaluate the
possible spread of the cancer. (Id.)
For nearly eight months, the BOP has failed to provide
Defendant with the required medical assessments to determine
whether the cancer has spread.
Instead, on July 10, 2025, Defendant was transferred from
the Federal Detention Center Honolulu to Federal Correctional
Institution Terminal Island in California where he remains
housed.
The Government represents that on October 17, 2025,
Defendant was seen at the Oncology Institute of Hope & Innovation
and recommended to have a repeat PET scan and referred for
numerous other appointments and treatment. (Gov’t Status Update
dated Oct. 28, 2025, ECF No. 301).
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On November 21, 2025, laboratory testing as well as
cardiothoracic surgery, radiology, oncology, and pulmonology
consultations were requested on behalf of Defendant. (Gov’t
Status Update dated Dec. 31, 2025, ECF No. 304).
On December 5, 2025, Defendant was seen by FCI Terminal
Island Health Services and told the consults were pending. (Id.)
The Government now represents that FCI Terminal Island will
close. (Id.) As a result, all appointments or consultations for
Defendant “will need to be re-scheduled when he arrives at the
facility to which he will be trasferred.”) (Id.) The Government
is unable to provide any information as to when and where
Defendant Takiguchi will be transferred; nor when any medical
appointments will be scheduled to evaluate Defendant’s cancer.
The Court finds that Defendant has demonstrated
extraordinary and compelling reasons for compassionate release
pursuant to the First Step Act. Defendant is suffering from a
medical condition that requires specialized medical care that is
not being provided and without which the defendant is at risk of
serious deterioration in health or death. U.S.S.G. §
1B1.13(b)(1)(C). Defendant is eligible for compassionate release
pursuant to 18 U.S.C. § 3582(c)(1)(A)(i).
Given the extraordinary and compelling reasons and the
totality of the circumstances, the Court in this case elects to
exercise its discretion to grant compassionate release and finds
immediate release is appropriate based on consideration of the
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factors set forth in 18 U.S.C. § 3553(a). Wright, 46 F.4th at
945.
CONCLUSION
Defendant’s Motion To Reduce Sentence Under The First Step
Act (ECF No. 290) is GRANTED.
Defendant’s Motion for a reduction in sentence to time-
served and seeking immediate release is GRANTED.
All other aspects of Defendant’s sentence remain unchanged.
IT IS SO ORDERED.
Dated: January 7, 2026, Honolulu, Hawaii.
United States v. Robin Takiguchi, Crim. No. 23-00050 HG-04; ORDER
GRANTING DEFENDANT’S MOTION TO REDUCE SENTENCE UNDER THE FIRST
STEP ACT (COMPASSIONATE RELEASE) (ECF No. 290)
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