SAMARITAN NEWSLETTER –02.16.23

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APPEAL/CR.RIS/LIMITED REMAND. The Fifth Circuit remanded United States v. Francisco Narvaez, 2026 U.S. App. LEXIS 3703 (5th Cir. Feb. 5, 2026). The district court stated it denied relief after considering "the motion, submissions, and applicable law." Narvaez contended the district court failed to provide adequate reasons for its denial of relief. When a district court denies a motion for compassionate release, it must provide specific reasons for its decision. The amount of explanation required is dependent on the circumstances of the case.

Judges have an obligation to say enough that the public can be confident that cases are decided in a reasoned way. The district court's order does not indicate whether it denied Narvaez's motion because it concluded the 18 USC 3553(a) factors do not warrant early release or because it ruled that Narvaez failed to establish extraordinary and compelling circumstances, or both. The court ordered a limited remand so that the district court will clearly explain its reasons for denying relief.

CR.RIS/MEDICAL. The District of South Dakota granted a CR.RIS motion in United States v. Dean Schallenkamp, 2026 U.S. Dist. LEXIS 27847 (D. S.D. Feb. 9, 2026). Schallenkamp was charged with receipt of child pornography, obscene visual representations of the sexual abuse of children and possession of child pornography. The court sentenced him to 60 months. He cited medical circumstances, serious functional impairment, and deterioration in physical health because of the aging process that substantially diminishes his ability to provide self-care within the environment of a correctional facility and from which he is not expected to recover. Schallenkamp suffers from numerous medical conditions, including Type 2 diabetes mellitus, hyperlipidemia, major depressive disorder, glaucoma, presbyopia, otitis externa, hypertension, periodontitis, polyosteoarthritis, osteoarthritis in the hip and knee, gout, bilateral shoulder pain, enlarged prostate with lower urinary tract symptoms, abnormal findings in his other body fluids, and a burn of the left upper chest, back, and shoulder. Sentence reduced to time served.

CDR.RIS/MEDICAL. The District of Utah granted a CR.RIS motion in United States v. Spencer McDougal, 2026 U.S. Dist. LEXIS 27775 (D. Utah Feb. 10, 2026). The basis for the compassionate release request was defendant's age and a litany of medical conditions, including cancer that had spread to his lymph nodes. District courts "possess the authority to determine for themselves what constitutes 'extraordinary and compelling reasons,'" to warrant compassionate release. Defendant suffers from asthma, obesity, high blood pressure, Crohn's Disease, high cholesterol, autoimmune disease, carpal tunnel syndrome, chronic cough, rhinitis, edema, borderline diabetes, cognitive decline, breast disorder, otitis media, sinusitis, peripheral neuropathy, chronic low back pain, generalized muscle weakness, facial paralysis, and stage 3 malignant melanoma. Defendant was convicted of one count of Production of Child Pornography. The offense conduct involved defendant victimizing four young girls. Defendant also sexually abused one of his victims on at least two occasions and had created a fake online persona to obtain nude photos of underaged girls. Sentence reduced to time served.

CR.RIS/REHABILITATION/USSG 1B1.13(b)(5)/YOUTH. The District of Maryland granted in part a CR.RIS motion in United States v. Harris, 2026 U.S. Dist. LEXIS 25526 (D, Md. Feb. 6, 2026). The Government proved the "721 Gorilla Dynasty/721 Gorilla Region," a set of the Bloods was led by Harris's co-defendant Terrence Smith who trafficked crack cocaine, ecstasy, cocaine, and marijuana in Baltimore City. Harris was not a member of the set, but he was its principal supplier of crack cocaine. Harris argued that a combination of factors amounts to sufficient circumstances to trigger the catchall provision. Those factors are comprised of his "relative youth" at the time of the offense and his difficult upbringing that impacted his decision-making, both at the time of the offense and his decision to proceed to trial, his unique and extraordinary rehabilitation, and the "seismic change in federal sentencing case law" rendering his sentence vastly greater than the typical sentences today for attempted murder or even murder. USSG 1B1.13(b)(5). The Court concluded the combination of factors cited by Harris creates an extraordinary and compelling reason to reconsider his sentence under the catchall provision. He collected glowing recommendations from prison staff, fellow inmates, and his supervisors in various capacities, some of whom have never written to a court on behalf of others. While he was not, in fact, particularly youthful at the time of the charged incident (29), his background had not provided him with tools or guidance to make better life choices. Sentence reduced from 720 months to 300 months.

CR.RIS/YOUTH/REHABILITATION/USSG 1B1.13(b)(5). The District of Maryland granted in part a CR.RIS motion in United States v. Terrence Smith, 2026 U.S. Dist. LEXIS 24691 (D. Md. Feb. 6, 2026). Smith is serving a sentence of 960 months sentence which was granted in part and reduced to 480 months. Smith was the leader of the "721 Gorilla Dynasty/721 Gorilla Region," in Baltimore City. A jury convicted Smith of six counts including conspiracy, witness tampering, use of a firearm in a crime of violence, using fire and explosives in a felony, and making firearms. Smith relies upon a combination of factors amounting, in his view, to sufficient circumstances to trigger the catchall provision. USSG 1B1.13(b)(5). Those factors are comprised of his "relatively youthful age (24) at the time of the offenses," his rehabilitation, and the fact his 80-year sentence vastly exceeds the typical sentences for attempted murder. The Government pointed out Smith's earlier years of incarceration were marked by sporadic significant infractions, albeit with large periods of good compliance interspersed noting weapons and/or fighting infractions in 2011, 2013, 2017, and 2020. Since March of 2020 Smith has been entirely infraction-free, demonstrating that he has learned to comport his behavior with rules and expectations. Sentence reduced to 480 months.

CR.RIS/FAMILY CIRCUMSTANCES. The Southern District of California granted a CR.RIS motion in United States v. Joshua Shandrick, 2026 U.S. Dist. LEXIS 22526 (S.D. Calif. Feb. 3, 2026). Defendant requested early release due to extraordinary family circumstances so he may provide care for his dependent special needs daughter and his elderly parents. USSG 1B1.13(b)(3). Defendant was sentenced to 51 months on one count of importation of cocaine. At the time of sentencing, the defendant's parents, who are the guardians and primary caregivers for his special needs daughter, appeared capable of caring for her. Defendant has persuasively demonstrated that since that time, their ability to provide care for her and themselves has dramatically deteriorated. This situation has gone beyond the ordinary stress of caring for a minor child in the absence of an incarcerated parent. The minor's needs and the incapacity of defendant's parents have made this family situation extraordinary. Sentence reduced to time served.

CR.RIS/FAMILY CIRCUMSTANCES/REHABILITATION. The District of New Jersey granted a CR.RIS motion in United States v. Mark Manasse, 2026 U.S. Dist. LEXIS 20825 (D. N.J. Feb. 2, 2026). Manasse pled guilty to conspiracy to distribute and possess with intent to distribute crack cocaine. The court imposed a sentence of 325 months. Manasse seeks compassionate release based on family circumstances, other reasons of similar gravity, and/or an usually long sentence under USSG 1B1.13(b)(3), (5), and (6) respectively. Manasse argued his "motion for compassionate release is based upon the fact that the mother of his child, who had been raising [his son], tragically died. She was the child's caregiver." Manasse demonstrated an extraordinary and compelling reason based on family circumstances under USSG 1B1.13(b)(3)(A), the Court did not review whether he demonstrated same based on other reasons of similar gravity or an usually long sentence under 1B1.13(b)(5) or (6). Manasee has completed over 35 educational and drug-rehabilitation programs, taken advantage of vocational training, and maintained good conduct in recent years. Sentence reduced to time served.

APPEAL/18 USC 922(g)(9), The Fourth Circuit reversed and remanded United States v. James Jacobs, 2026 U.S. App. LEXIS 1436 (4th Cir. Jan. 21, 2026).

In July 2023, law enforcement responded to an incident in which Jacobs allegedly discharged a firearm during a dispute with his girlfriend at his home. During a subsequent search, officers discovered two firearms. Jacobs, who has a prior felony conviction and a previous misdemeanor conviction for domestic battery in West Virginia, admitted to knowing he was prohibited from possessing firearms. As a result he was indicted for possessing firearms after a felony conviction under 18 USC 922(g)(1) and after a misdemeanor crime of domestic violence under 922(g)(9). The district granted Jacobs’ motion to dismiss both counts of the indictment. The court concluded that both statutes were unconstitutional as applied to Jacobs and dismissed the charges without reaching the facial challenges. The Fourth Circuit held that recent decisions foreclose Jacobs’ facial and as-applied challenges to 922(g)(1) and his facial challenge to 922(g)(9). Accordingly, the court reversed the district court’s dismissal of the 922(g)(1) charge and barred Jacobs from reviving those challenges. The Fourth Circuit determined that further proceedings were necessary regarding Jacobs’ as-applied challenge to 922(g)(9), vacated the district court’s ruling on that count, and remanded for additional factfinding and analysis.

APPEAL/18 USC 922(g)(1). The Fifth Circuit reversed and remanded United States v. Charles Hembree, 2026 U.S. App. LEXIS 2051 (5th Cir. Jan. 27, 2026). Hembree was previously convicted in Mississippi state court in 2018 for simple possession of methamphetamine, a felony offense. In 2022, he was indicted for being a felon in possession of a firearm in violation of 18 USC 922(g)(1). Hembree arged that applying 922(g)(1) to him violated the Second Amendment. The district court denied his motion and he entered a guilty plea reserving his right to challenge on Second Amendment grounds. He was sentenced to six months. Hembree appealed the as-applied Second Amendment challenge to 922(g)(1). He argued there was no historical tradition justifying the disarmament of individuals based solely on a conviction for simple drug possession. The Fifth Circuit held the Government failed to meet its burden of demonstrating a historical tradition supporting the permanent disarmament of individuals convicted only of simple drug possession. The court concluded that neither the tradition of punishing possession of contraband nor the disarmament of “dangerous persons” provided a sufficient analogue for Hembree’s predicate offense. The Fifth Circuit found 922(g)(1) unconstitutional as applied and reversed the conviction.