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Obesity, Diabetes, and Covid Not Basis for Compassionate Release\\n\\nThe US Congress, feeling sorry for federal prisoners amended the law to \\ncreate The First Step Act to allow a District Court to shorten a \\nsentence when there exists extraordinary and compelling reasons to \\nrelease the Prisoner.\\xa0 In United States Of America v. Earl Lee Planck, \\nJr., Criminal No. 5:20-CR-24-KKC-MAS-1, United States District Court, \\nE.D. Kentucky, Central Division, Lexington (March 1, 2023) Earl Lee \\nPlanck, Jr \\xa0moved the USDC for compassionate release under the statute.\\n\\nPlanck was originally sentenced Planck to a prison term of 56 months \\nafter he pleaded guilty to conspiring to defraud the United States Crop \\nInsurance Fund, and tax evasion. He is scheduled for release on March 4,\\n 2025.\\n\\nThe First Step Act allows the court to grant a motion for compassionate \\nrelease filed by the defendant himself after the defendant has fully \\nexhausted all administrative rights to appeal a failure of the Bureau of\\n Prisons to bring a motion on the defendant\'s behalf or the lapse of 30 \\ndays from the receipt of such a request by the warden of the defendant\'s\\n facility, whichever is earlier.\\n\\nThe compassionate release statute permits the Court to \\u201creduce the term \\nof imprisonment\\u201d and \\u201cimpose a term of probation or supervised release \\nwith or without conditions that does not exceed the unserved portion of \\nthe original term of imprisonment.\\u201d The Court may grant this relief only\\n if it finds that \\u201cextraordinary and compelling reasons" warrant such a \\nreduction, and the reduction is consistent with applicable policy \\nstatements issued by the Sentencing Commission.\\n\\nPlanck did not set forth any circumstances that the Court could find \\nextraordinary and compelling. He stated he has various medical \\nconditions that put him at an increased risk of serious complications if\\n he contracts COVID-19, including heart disease, high blood pressure, \\nsleep apnea, diabetes, and obesity.\\n\\nThe USDC noted that the Court sentenced Planck below the advisory \\nguideline range of 78 to 97 months. He has not yet served even half of \\nthe sentence imposed by the Court and he has available treatment for his\\n conditions and the availability of vaccines.