SAMARITAN PROJECTS NEWSLETTER 08-11-2025
- russellmarks417
- Aug 10
- 6 min read
SAMARITAN PROJECTS
4415 Gladstone Blvd.
Kansas City, MO 64123
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SAMARITAN PROJECTS NEWS
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THE SENTENCING COMMISSION IS CONSIDERING THE FOLLOWING AMENDMENTS:
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• Providing courts with additional guidance on selecting the appropriate sentencing option (e.g., imprisonment, probation, or fine).
• Further examination of the penalty structure for certain drug trafficking offenses, including those involving methamphetamine and fentanyl.
• Examination of whether the fraud guidelines appropriately reflect the culpability of a defendant and harm to victims.
• Continued exploration of ways to simplify the Guidelines.
• Examination of whether the Guidelines provide appropriate adjustments for good behavior.
• Examination of offenses involving sophisticated means.
• Examination of the human smuggling guideline to ensure it appropriately accounts for a range of factors.
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CR.RIS/FAMILY CIRCUMSTANCES. The District of South Dakota granted a CR.RIS motion in United States v. Nicole Watson, 2025 U.S. Dist. LEXIS 152070 (D. S.D. Aug. 5, 2025). Watson pled guilty to conspiracy to distribute a controlled substance in violation of 21 USC 841(a)(1) and 846 and was sentenced to 180 months. An extraordinary and compelling reason need not be unforeseen at the time of sentencing to warrant compassionate release. USSG 1B1.13(e). The court considered Watson's motion under the family circumstances and catch-all categories. USSG 1B1.13(b)(3), (5). Watson argued her need to care for and maintain parental rights over her 13-year-old daughter (Minor Daughter) is an extraordinary and compelling reason for her release. Watson argued her Minor Daughter lacks any available caretaker after being placed in foster care and Watson's parental rights over Minor Daughter are in the process of being terminated due to her incarceration. The Government argued Minor Daughter's placement in foster care qualifies as having a valid caretaker and that Watson would not be a suitable caretaker for Minor Daughter. Watson's argument would best correspond to subcategory (A) where the defendant's minor child's caretaker is incapacitated without any other available caretakers. USSG 1B1.13(b)(3)(A). The court found that foster care placement does not necessarily mean a defendant is unable to satisfy the family circumstances category. The termination of Minor Daughter's guardianship, the repeated failure of foster care placements, the father's recent abuse of Minor Daughter, and the evidence indicating other possible caretakers are unavailable to care for Minor Daughter support a finding that Minor Daughter's caregiver is incapacitated. Watson raised USSG 1B1.13(b)(5) as an extraordinary and compelling reason for her release. Watson argued if the circumstances of her Minor Daughter do not clearly satisfy the family circumstances category, then the present circumstances should satisfy the catch-all category because it is "similar in gravity" to the family circumstances category. The court did not decide whether Watson's circumstances would satisfy the catch-all category because it had found her family circumstances are an extraordinary and compelling reason for her release. Sentence reduced to time served.
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CR.RIS/REABILITATION/REMORSE/DISPARITY. The District of Montana granted a CR.RIS motion in United States v. Leo Taylor, 2025 U.S. Dist. LEXIS 149502 (D. Mont. Aug. 4, 2025). Taylor's argument for compassionate release was twofold. First, Taylor argued that an extraordinary and compelling reason justifying a reduction in his sentence exists because, having served over 10 years of an unusually long sentence, a non-retroactive change in the law produces a gross disparity between his sentence and the sentence that would likely be imposed at present. Second, he argued his remorse and rehabilitation constituted an extraordinary and compelling reason for a reduction of his sentence. Because Taylor was correct and the 3553(a) factors weigh in favor of such a reduction, his motion was granted. Taylor's 511-month sentence is unusually long. Taylor was convicted of nine counts: felon in possession of a firearm in violation of 18 USC 922(g)(1) (Counts I and II); felon in possession of an explosive device in violation of 18 USC 842(i)(1) (Count III); possession of a firearm equipped with a silencer during drug trafficking in violation of 18 USC 924(c)(1)(B)(ii) (Count IV); possession of a firearm during drug trafficking in violation of 18 USC 924(c)(1)(B)(ii) (Count V); possession of a silencer and destructive devices in violation of 26 USC 5841, 5861(d), 5871 (Counts VI, VIII, IX); and manufacture of a silencer in violation of 26 USC 5822, 5861(f), 5871 (Count VII).  The court held Taylor had undergone significant rehabilitation during his imprisonment. His Counselor wrote "Taylor's dedication to rehabilitation and his continuous exceptional work ethic as unit orderly." She further asserts her "confiden[ce] that Taylor will be an exceptional, productive, and outstanding law-abiding citizen upon release" given her personal experiences with him and because the "Bureau of Prisons consider[s] Taylor [to have] a low risk [for] recidivism." Sentence reduced to time served.
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CR.RIS/RECONSIDERATION. The District of Maryland granted a reconsideration motion for CR.RIS in United States v. Ronald Thomas, 2025 U.S. Dist. LEXIS 149610 (D. Md. Aug. 4, 2024). Defendant filed a motion for reconsideration of the denial of his compassionate release motion with supplements. Thomas pled guilty to distribution of 50 grams or more of cocaine base. The initial sentence imposed was 400 months, but that term was reduced to 300 months in 2019. Thomas argued his career offender designation would not apply today and that his offense level, based on the controlled substances involved, would be 26, resulting in a guideline range of 120-150 months. He has incurred 20 infractions in the BOP. Thomas relied on the disparity in sentencing, the fact he served part of his sentence during the height of COVID, his efforts over the last decade to complete educational programming (the fact that he may have a learning disability, has taken many other courses, including anger management, critical thinking, stress control), and has sought out vocational training, completed drug education, has worked at multiple work assignments, and has remained in contact with his family. Sentence reduced to time served.
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CR.RIS/MEDICAL. The District of Idaho granted a CR.RIS motion in United States v. Douglas Swenson, 2025 U.S. Dist. LEXIS 146964 (D. Idaho July 29, 2025). In 2014 the defendant was found guilty of 73 counts of security fraud and wire fraud and sentenced to 20 years in prison. On May 25, 2024, while incarcerated at FCI Englewood Swenson contracted necrotizing fasciitis on his abdomen and groin area, an aggressive form of staph infection commonly referred to as "flesh-eating disease." BOP medical staff were slow to recognize the severity of Swenson's symptoms, mostly because there was no doctor on staff at the prison. Necrotizing fasciitis has a mortality rate of 25% to 35%. Swenson was told by his doctor at the hospital that if the BOP "had waited just one additional day" to bring him in, "he would have died. Staff at FCI Englewood did not follow many of the post-operative instructions to aid in healing and prevention of further infection. In addition, during several transfers between prisons, Swenson was deprived of prescription medication, over-the-counter medication, food, and water. In addition to the infectious disease issues, Swenson's kidneys are deteriorating. Swenson suffered an acute kidney injury as a secondary consequence of necrotizing fasciitis. Sufficient evidence shows the BOP is not staffed to provide Swenson immediate necessary medical care to address his recurring infectious disease issues. Swenson's term of imprisonment was reduced to 17 years total, as part of his punishment, Swenson shall serve the remainder of his 17-year sentence in home detention period during a newly-imposed supervision term.
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CR.RIS/REHABILITATION/MEDICAL. The District of Connecticut granted a CR.RIS motion in United States v. Willie Nunley, 2025 U.S. Dist. LEXIS 142675 (D. Conn. July 25, 2025). Nunley, along with several other codefendants was indicted on a number of charges related to a drug trafficking conspiracy including murder, drug crimes, and racketeering. A jury found Nunley guilty of racketeering in corrupt organizations ("RICO"), in violation of 18 USC 1962(c) ("Count One"); RICO conspiracy, in violation of 18 USC 1962(d) ("Count Two"); conspiracy to distribute and distribution of more than 1000 grams of heroin and 50 grams of cocaine base, in violation of 21 USC 841(a)(1), 841(b)(1)(A), and 846 ("Count Five"); violent crimes in aid of racketeering ("VCAR") conspiracy to murder Kenneth Porter in violation of 18 USC 1959(a)(5) ("Count 13"); VCAR murder of Kenneth Porter in violation of 18 U.S.C. 1959(a)(5) ("Count 14"); VCAR conspiracy to murder Lawson Day in violation of 18 USC 1959(a)(5) ("Count 18"); VCAR attempted murder of Lawson Day in violation of 18 USC 1959(a)(5) ("Count 19"); and use of a firearm in relation to the attempted murder of Lawson Day in violation of 18 USC 924(c) ("Count 20"). Defendant was sentenced to multiple life sentences. Nunley argued his rehabilitation, severe childhood trauma, unusually long sentence, and excessively harsh conditions of confinement he experienced "alone or in combination" constitute extraordinary and compelling reasons that warrant a reduction in his sentence. Nunley argued he had experienced "excessively harsh conditions of confinement" while at ADX Florence. Also, Nunley argued "his remorse has driven him to lead a more peaceful and positive life." While incarcerated, he has "pursued a wide range of programming, including 40 courses, several self-guided lessons, and, most notably, the Challenge Program." He has worked as a suicide companion. Nunley's life sentence and the conditions at ADX Florence add context to his rehabilitation, in combination with his background and history of trauma, are sufficient to constitute extraordinary and compelling reasons to reduce his sentence. Nunley's acceptance of responsibility, as well as his efforts in prison to demonstrate a significant rehabilitation, constituted an extraordinary and compelling reason for a reduction in sentence in combination with his upbringing and history of trauma. Sentence reduced to time served.
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