UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

United States of America, 

 Plaintiff, 

v. 

Devin Dantzler, 

Defendant. 

________________________________/ 

Case No. 14-cr-20425 

Judith E. Levy 

United States District Judge 

ORDER DENYING WITHOUT PREJUDICE DEFENDANT’S 

MOTION FOR COMPASSIONATE RELEASE [603] 

 Before the Court is pro se Defendant Devin Dantzler’s motion for 

reduction of sentence or compassionate release. (ECF No. 603.) This is 

Defendant’s third motion for compassionate release. The Court denied 

without prejudice his first two motions for compassionate release. (ECF 

Nos. 490, 510.) 

Compassionate release motions require a “three-step inquiry.” 

United States v. Elias, 984 F.3d 516, 518 (6th Cir. 2021) (quoting United 

States v. Jones, 980 F.3d 1098, 1101 (6th Cir. 2020)). First, “the court 

must ‘find’ that ‘extraordinary and compelling reasons warrant [a 

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sentence] reduction.’” Id. (alteration in original). Second, the Court 

must “ensure ‘that such a reduction is consistent with applicable policy 

statements issued by the Sentencing Commission.’” Id. Third, the Court 

must “consider[] all relevant sentencing factors listed in 18 U.S.C. § 

3553(a).” Id. (alteration in original). “If each of those requirements are 

met, the district court ‘may reduce the term of imprisonment,’ but need 

not do so.” Id. (quoting 18 U.S.C. § 3582(c)(1)(A)). 

In cases where an incarcerated person files a motion for 

compassionate release, “district courts have discretion to define 

‘extraordinary and compelling’ on their own initiative.” Id. at 519–20 

(quoting Jones, 980 F.3d at 1101). 

 In the present motion, Defendant argues that (1) his conduct in 

prison should not prevent his release, (2) he is still at risk from COVID19 even though he is fully vaccinated, and (3) he was wrongfully 

convicted and received a longer sentence than he should have. (ECF No. 

603.) 

 The Court denied Defendant’s second motion for compassionate 

release because his health conditions did not rise to the level of an 

“extraordinary and compelling” reason for release. As the Court noted 

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before, Defendant is fully vaccinated for COVID-19 and has been able to 

manage his asthma. For the same reasons, the Court finds that 

Defendant’s health conditions do not present “extraordinary and 

compelling reasons” for compassionate release under 18 U.S.C. 

§ 3582(c)(1)(A)(i). 

 Defendant’s argument that he was wrongfully convicted and 

received an excessive sentence is also not an extraordinary and 

compelling reason for release. See United States v. Mukherjee, 614 F. 

Supp. 3d 560, 568 (E.D. Mich. 2022) (“Defendant claims he was 

wrongfully convicted and received an excessive sentence. But 

sentencing errors are not extraordinary or compelling reasons for 

compassionate release.”) 

Because Defendant cannot demonstrate “extraordinary and 

compelling reasons” that warrant release, the Court need not address 

the other requirements for compassionate release under § 3582(c)(1)(A). 

See Elias, 984 F.3d at 519. For the reasons stated above, Defendant’s 

motion for compassionate release is denied. 

 IT IS SO ORDERED. 

Dated: August 22, 2023 s/Judith E. Levy 

 Ann Arbor, Michigan JUDITH E. LEVY 

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United States District Judge 

CERTIFICATE OF SERVICE

The undersigned certifies that the foregoing document was served 

upon counsel of record and any unrepresented parties via the Court’s 

ECF System to their respective email or first-class U.S. mail addresses 

disclosed on the Notice of Electronic Filing on August 22, 2023. 

s/William Barkholz 

WILLIAM BARKHOLZ 

Case Manager 

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