Reported / Citable
Background
Douglas Mark Ybarra, Jr. pleaded guilty to conspiring to manufacture, distribute, or possess with intent to distribute crack cocaine. After remaining a fugitive for nearly four years, he was arrested in October 2016 and later sentenced to 60 months in prison followed by five years of supervised release. At the time of the ruling, he was housed at FDC SeaTac and had a projected release date of January 9, 2021.
Ybarra sought compassionate release under 18 U.S.C. § 3582(c)(1)(A), citing COVID-19 and medical issues that he described as obesity and appendix failure. He also requested appointment of a public defender. He had submitted a release request to the warden, who denied it; the court stated only that Ybarra “appears to have pursued his administrative remedies” before filing his motion.
The Court’s Holding
The court denied compassionate release because Ybarra failed to establish extraordinary and compelling reasons for a sentence reduction. Although his medical records confirmed a body mass index of 47, they also showed that he could work, walk steadily, and move all extremities fully. His conditions were neither terminal nor shown to substantially impair his ability to care for himself in prison. The court also concluded that generalized concern about COVID-19, without evidence that the Bureau of Prisons could not manage the outbreak or treat him, was insufficient.
The court separately found that the sentencing factors under 18 U.S.C. § 3553(a) weighed against release. It emphasized Ybarra’s role in a cocaine-distribution conspiracy, extensive criminal record, failures on probation, substance-abuse history, and active Texas warrant, concluding that it could not find he would pose no danger if released. The court also explained that placement in home confinement falls within the Bureau of Prisons’ exclusive authority.
The court denied appointed counsel because there is no constitutional right to counsel in this post-conviction proceeding and Ybarra presented no potentially viable, factually complex, or legally complex issue warranting discretionary appointment.
Key Takeaways
- Obesity and asserted appendix problems did not qualify as extraordinary and compelling circumstances where the records showed no terminal condition or substantial inability to provide self-care.
- The possibility of contracting COVID-19 in prison, standing alone, did not justify compassionate release.
- Even when medical concerns are raised, the seriousness of the offense, criminal history, danger to the community, and other § 3553(a) factors may independently weigh against release.
Why It Matters
The decision illustrates the individualized showing required for COVID-19 compassionate-release motions. A defendant must do more than identify a risk factor and infections at the facility; the evidence must establish extraordinary and compelling circumstances, and release must remain appropriate under the statutory sentencing factors.
It also distinguishes sentence reduction from home-confinement placement: a district court may decide a qualifying compassionate-release motion, but it cannot direct the Bureau of Prisons to place a prisoner in home confinement.