UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 2:20-tp-14003-KMM-1

UNITED STATES OF AMERICA,

v.

JAMES ANTHONY SAVAGE,

Defendant.

 /

ORDER

THIS CAUSE came before the Court upon Defendant James Anthony Savage’s (1) 

(“Defendant”) Motion for Compassionate Release Based on 18 U.S.C. § 3582(c)(1)(A)(i). 

(“Mot.”) (ECF No. 43). Therein, Defendant requests that the Court order his release from prison 

due to health concerns. See generally id. The Government filed a response in opposition.

(“Resp.”) (ECF No. 46). Defendant did not file a Reply. Motion is now ripe for review.

On August 14, 2020, Defendant admitted to nine separate violations of his supervised 

release. (ECF No. 14). On November 19, 2013, the Court revoked Defendant’s supervised 

release and sentenced him to six months’ imprisonment, followed by six months of supervised 

release. (ECF No. 46).

Now, Defendant moves the Court to order his release from prison due health concerns. 

See generally Mot. Specifically, Defendant states that he is not receiving adequate medical 

attention relating to “the hardware which re-created his penis,” such as testosterone treatment. 

Id. at 2. Defendant contends that without this treatment, his gentiles substantially shrink in size 

and may require “significant work to repair to including future surgery.” Id.

Case 2:20-tp-14003-KMM Document 48 Entered on FLSD Docket 05/04/2021 Page 1 of 4
2

Generally, once a term of imprisonment has been imposed, a court may not modify it. 

United States v. Moreno, 421 F.3d 1217, 1219 (11th Cir. 2005). However, a defendant may move 

for compassionate release pursuant to § 3582(c)(1)(A). “[T]he defendant bears the burden of 

establishing that compassionate release is warranted.” United States v. Rodriquez-Orejuela, 457 

F. Supp. 3d 1275, 1282 (S.D. Fla. 2020) (citation and internal quotation marks omitted).

A court may grant a motion for compassionate release upon a finding that there

are extraordinary and compelling reasons for release that are “consistent with applicable policy 

statements issued by the [United States] Sentencing Commission.” See id. Section 

3582(c)(1)(A) also requires a court “to consider the factors set forth in [§] 3553(a) to the extent 

they are applicable.” Id. The applicable § 3553(a) factors include, among other things, “(1) the 

nature and circumstances of the offense and the history and characteristics of the defendant,” as 

well as (2) the need for the sentence imposed—(A) to reflect the seriousness of the offense, to 

promote respect for the law, and to provide just punishment for the offense; (B) to afford adequate 

deterrence to criminal conduct; [and] (C) to protect the public from further crimes of the 

defendant.” § 3553(a). The applicable policy statement issued by the Sentencing Commission 

is found in U.S.S.G. § 1B1.13..It provides that a court may reduce a term of imprisonment if 

“(1) extraordinary and compelling reasons warrant the reduction;” “(2) the defendant is not a 

danger to the safety of any other person or to the community;” and “(3) the reduction is consistent 

with this policy statement.” U.S.S.G. § 1B1.13.

The commentary to the policy statement provides that the standard for extraordinary and 

compelling reasons is met when an inmate suffers from one of three types of medical conditions. 

Id. § 1B1.13 Application Note 1(A)(i). Specifically, the commentary to the policy statement 

provides that the medical conditions which enable eligibility for a reduction are: (1) a terminal 

Case 2:20-tp-14003-KMM Document 48 Entered on FLSD Docket 05/04/2021 Page 2 of 4
3

illness (i.e., a serious and advanced illness with an end of life trajectory); (2) a serious physical 

or medical condition; and (3) deteriorating physical or mental health because of the aging 

process. Id. 

The Commentary to § 1B1.13 offers greater clarity to what medical conditions rise to the 

level of an extraordinary and compelling reason for a reduction of sentence or release:

(A) Medical Condition of the Defendant.—

(i) The defendant is suffering from a terminal illness (i.e., a serious and 

advanced illness with an end of life trajectory). A specific prognosis of life 

expectancy (i.e., a probability of death within a specific time period) is not 

required. Examples include metastatic solid-tumor cancer, amyotrophic 

lateral sclerosis (ALS), end-stage organ disease, and advanced dementia.

(ii) The defendant is—

(I) suffering from a serious physical or medical condition,

(II) suffering from a serious functional or cognitive impairment, or

(III) experiencing deteriorating physical or mental health because of 

the aging process,

that substantially diminishes the ability of the defendant to provide self-care 

within the environment of a correctional facility and from which he or she 

is not expected to recover.

U.S.S.G. § 1B1.13, Application Note 1(A).

Here, Defendant’s health concerns do not rise to the level of an extraordinary and 

compelling reason for release. Defendant’s penile-related issues do not amount to the level of a 

terminal illness. Further, Defendant’s Motion indicates that any problems relating to this issue 

would be “in the short term” and Defendant could repair these issues in the future. Mot. at 1–2. 

Accordingly, Defendant’s Motion does not make clear that Defendant would not be “expected to 

recover” from any issues he is experiencing. U.S.S.G. § 1B1.13, Application Note 1(A). 

Moreover, Defendant has submitted no medical documentation relating to his current 

Case 2:20-tp-14003-KMM Document 48 Entered on FLSD Docket 05/04/2021 Page 3 of 4
4

incarceration. The Court is therefore without an evidentiary basis for Defendant’s assertion that 

he has not been receiving testosterone treatment or that he is otherwise receiving deficient 

medical treatment related to this issue. 

Additionally, Defendant argues that “other medical conditions” which were part of his 

application to the warden, but not described in the instant Motion should be considered here. 

Mot. at 3. This is an apparent reference to Defendant’s sleep apnea and depression. Mot. at 10. 

To the extent these arguments are properly before the Court, the Court finds that these conditions 

do not rise to the level of extraordinary and compelling. U.S.S.G. § 1B1.13, Application Note 

1(A). Further, the Court is without medical evidence of these conditions. 

For these reasons discussed above, the Court finds that Defendant has failed to satisfy his 

burden to demonstrate extraordinary and compelling circumstances warranting release. 

Rodriquez-Orejuela, 457 F. Supp. 3d at 1282; U.S.S.G. § 1B1.13, Application Note 1(A).

Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the 

record, and being otherwise fully advised in the premises, it is hereby ORDERED AND 

ADJUDGED that Defendant’s Motion for Compassionate Release Based on 18 U.S.C. §

3582(c)(1)(A)(i) (ECF No. 43) is DENIED.

DONE AND ORDERED in Chambers at Miami, Florida, this ____ day of May, 2021. 

K. MICHAEL MOORE

CHIEF UNITED STATES DISTRICT JUDGE

c: All counsel of record

4th

Case 2:20-tp-14003-KMM Document 48 Entered on FLSD Docket 05/04/2021 Page 4 of 4