Samaritan Projects Newsletter

08.27.26

United States v. Blake, 2026 U.S. Dist. LEXIS 161967, 7, 2026 Defendant argues that his circumstances are "extraordinary and compelling" as contemplated by U.S.S.G. § 1B1.13(b)(2) because, at the time the motion was filed, he was 66 years old, had served 13 years of his sentence, and "is experiencing a serious deterioration in physical or mental health because of the aging process." While the Sentencing Commission's guidelines do not define "serious deterioration," courts in the Fourth Circuit have found "serious deterioration" based on "serious medical impairments" and in circumstances where BOP could not provide adequate care. United States v. Beeman, No. 5:14-CR-51, 2025 U.S. Dist. LEXIS 136969, 2025 WL 2014335, at 3 (W.D. Va. July 17, 2025) (collecting cases); see also United States v. Downer, Crim. No. SAG-11-0050, 2025 U.S. Dist. LEXIS 168463, 2025 WL 2494321, at *2 (D. Md. Aug. 28, 2025).  Compassionate release is also supported by relevant factors set forth in 18 U.S.C. § 3553(a). The § 3553(a) factors include, among others, "the nature and circumstances of the offense and the history and characteristics of the defendant;" the need for the sentence to reflect the seriousness of the offense, to promote respect for the law, to provide just punishment, to afford adequate deterrence, and to protect the public from further crimes of the defendant; and "the need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct[.]" 18 U.S.C. § 3553(a). To be sure, Defendant's participation in a conspiracy to commit murder in aid of racketeering activity, which included his personal participation in the act of murder, constitutes an extremely serious offense that calls for a lengthy term of incarceration. For the foregoing reasons, Defendant's motion for compassionate release shall be granted. July 21, 2026

United States v. Gigliotti , 2026 U.S. Dist. LEXIS 192834

(E.D.N.Y. August 26, 2026)Mr. Gigliotti argues that his age and medical [*9]  conditions, his co-defendants' releases, the unusually harsh prison conditions at FCI, and that he should have been released under the CARES Act warrant a sentence reduction. (See generally Mot.) The Government argues that no sentence reduction is warranted because prior courts have found that similar or worse medical conditions did not constitute "extraordinary and compelling" circumstances; the BOP has provided consistent and ongoing treatment of Mr. Gigliotti's health conditions; and prison conditions and any prior available relief under the now-expired CARES Act are not "extraordinary and compelling" circumstances.

The Court also finds that the sentencing disparity that now exists between Mr. Gigliotti (18-year sentence) and his co-defendants Angelo Gigliotti (10-year sentence) and Ms. Gigliotti (7-year sentence) following Judge Dearie's granting of compassionate release relief to Ms. Gigliotti and Angelo Gigliotti contribute to a finding of extraordinary and compelling circumstances warranting relief. See United States v. Russo, 643 F. Supp. 3d 325, 338 (E.D.N.Y. 2022) (considering co-defendants' sentences and concluding that sentencing disparities with co-defendants warranted a sentencing reduction); United States v. Vasquez, 735 F. Supp. 3d 124, 132 (E.D.N.Y. 2024) (collecting cases and considering co-defendants' reduced [*14]  sentences and the defendant's sentence in finding extraordinary and compelling circumstances)

United States v. Walker , 2026 U.S. Dist. LEXIS 192584(E.D.Cali. 26 Aug. 2026)\

This matter is before the Court on Defendant Jason Walker's ("Defendant") Motion to Reduce Sentence pursuant to 18 U.S.C. § 3582(c)(1)(B) For the reasons set forth below, Defendant's motion is GRANTED in part.Having found Defendant's conviction is a qualifying offense under § 404(a) of the First Step Act and he was sentenced under penalties that were later reduced, the Court considers other nonfrivolous [*7]  arguments as to why a sentence reduction is appropriate. Defendant specifically contends a sentence reduction is supported by: intervening legal changes; Defendant's severe adverse childhood experiences and youthfulness at the time of the offense; Defendant's extraordinary rehabilitation; large sentencing disparities with co-defendants and national norm; and the 18 U.S.C. § 3553(a) factors.For the reasons set forth above, the Court hereby GRANTS in part Defendant's Motion to Reduce Sentence. (ECF No. 1266.) Defendant's sentence is reduced to a term of 480 months.

Warning 😣United States v. VanHoesen , 2026 U.S. App.LEXIS 25515( 2nd Circuit Court of Appeals) August 24, 2026 Following this Court's remand, the Government conceded that pursuant to Concepcion, the district court, when exercising its sentencing discretion, should consider VanHoesen's argument that changes to the Guidelines rendered him no longer a career offender. The district court ultimately granted VanHoesen's motion to reduce his sentence pursuant to § 404(b) of the First Step Act, noting, inter alia, that VanHoesen had now been incarcerated for almost 18 years VanHoesen challenges the district court's imposition of an eight-year term of supervised release. We affirm the district court's judgment imposing this term. As we said in Bryant, district courts cannot apply § 401(a) of the First Step Act retroactively, except to those sentenced after the law's enactment. Nor may district courts resentencing a defendant pursuant to the First Step Act invoke Guidelines amendments that implement § 401(a) to resentence below the mandatory minimum term that would have applied if the Fair Sentencing Act had been in effect at the time of the defendant's offense. Won on Sentence, lost on Supervised release.

4th CR/RIS motion: United States v. Negron, 2026 U.S. Dist. LEXIS 190211

(S.D.N.Y. August 24, 2026) On November 24, 1998, defendant Guillermo Negron Sr. was convicted of conspiracy to distribute heroin and distribution of heroin. Dkt. 279. On April 19, 1999, I sentenced him to life imprisonment. For the reasons set out below, the motion is GRANTED, and Negron's term of life imprisonment is reduced to time served. Negron states that he is designated at the highest level of medical care within the Bureau of Prisons ("BOP") system due to significant health issues, including multiple strokes, [*3]  heart attacks, and falls; arthritis; diabetes; difficulty walking; and difficulty with his memory. Relevant here, "serious physical or medical condition[s]" or "deteriorating physical or mental health because of the aging process" that substantially limits self-care in prison. See id. § 1B1.13(b)(1)(B). Negron's life sentence was a product of then-mandatory Sentencing Guidelines. See PSR ¶¶ 130, 132 & p.26. In imposing it, I acknowledged that I had "some reservations" because it was "particularly a harsh sentence for someone in Mr. Negron's position" in light of his health and medical conditions. Sentencing Transcript at 26. In terms of the need for the sentence imposed "to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense," 18 U.S.C. § 3553(a)(2)(A), these purposes have been served. Negron's motion for a sentence reduction is GRANTED and his term of life imprisonment is reduced to time served

Walter Pavlo Reported this Week 

Joshua J. Smith, who joined the Federal Bureau of Prisons (BOP) in June 2025 as the first former federal inmate to serve as Deputy Director, is resigning after just over a year. Working with Director William K. Marshall III, Smith pushed rapid, broad reforms: overhauling warden selection, challenging the union’s master bargaining agreement, modernizing decades-old policies, launching National Resource Teams and Facilities Management Strike Teams, securing new funding to address a $4+ billion maintenance backlog, and announcing several prison closures and reconfigurations. His appointment and tenure were notable for combining lived experience of incarceration, business success, and prison-reform advocacy; Smith founded the Fourth Purpose Foundation and received a presidential pardon before joining the BOP. Marshall thanked him without explanation; Smith said he’s proud of the direction started, will return to Tennessee to resume his foundation work, and emphasized that accountability and redemption can coexist. The long-term impact of the reforms remains uncertain.

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