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 UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

UNITED STATES OF AMERICA, 

 Plaintiff, 

v. 

SCOTT AMSTER, 

 Defendant. 

 / 

Case No. 2:14-cr-20599-03 

HONORABLE STEPHEN J. MURPHY, III

ORDER DENYING DEFENDANT'S 

EMERGENCY MOTION FOR RELEASE FROM CUSTODY [690] 

In 2014, Defendant Scott Amster pleaded guilty to one count of conspiracy to 

commit mail and wire fraud, in violation of 18 U.S.C. § 1349, for his involvement in 

an international fraudulent telemarketing ring centered in Detroit, Michigan. ECF 

89. On September 26, 2016, he was sentenced to 102 months' imprisonment. ECF 

405, 415. On June 10, 2020, Defendant filed an emergency motion to reduce his 

sentence under the compassionate release provision of the First Step Act, 18 U.S.C. 

§ 3582. ECF 690. Defendant represented that he is particularly susceptible to 

COVID-19 because of his age and underlying medical conditions. Id. at 3840–41. The 

Government opposed Defendant's request. ECF 691. 

To be eligible for compassionate release, Defendant must demonstrate that 

"extraordinary and compelling reasons" exist to warrant a reduction in sentence. 18 

U.S.C. § 3582(c)(1)(A)(i). Section 1B1.13 of the Sentencing Guidelines provides some 

guidance about what constitutes "extraordinary and compelling reasons." U.S.S.G. 

§ 1B1.13. Those reasons are classified in four categories: (1) Defendant's medical 

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condition; (2) Defendant's age; (3) family circumstances; and (4) additional reasons 

"other than, or in combination with" the first three categories. Id. at cmt. n.1(A)–(D). 

Even if Defendant establishes "extraordinary and compelling reasons," he is 

ineligible for compassionate release if he is "a danger to the safety of any other person 

or to the community." USSG § 1B1.13(2). Dangerousness constitutes "a broader 

construction than the mere danger of physical violence." United States v. Cook, 880 

F.2d 1158, 1161 (10th Cir. 1989) (per curiam). As such, danger may encompass 

economic harm. See United States v. Reynolds, 956 F.2d 192, 192 (9th Cir. 1992); see 

also United States v. Stone, 608 F.3d 939, 948 n.7 (6th Cir. 2010). 

Here, Defendant has demonstrated that extraordinary and compelling reasons 

exist. He is 59 years old and has several serious underlying medical conditions, 

including obesity, type-2 diabetes, hypertension, and chronic atrial fibrillation. ECF 

690. PgID 3840. Defendant's medical history thus categorizes him as high risk under 

the CDC's guidelines. See People at Increased Risk of Severe Illness, CDC, 

https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/people-at-increas 

ed-risk.html. 

But Defendant remains a danger to the community. He has been convicted for 

various fraudulent schemes, most of which he committed while on probation for early 

offenses. ECF 367, PgID 1791–92 (under seal). The present case was his fifth felony 

conviction related to fraudulent activity. Id. at 1791. Further, his current home plan 

indicated that he has no job prospects and will not seek employment until after the 

pandemic is over. ECF 690, PgID 3841. Because Defendant has no means of economic 

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support until after the pandemic is over—a date seemingly far in the unforeseeable 

future—and in light of his repeated criminal conduct, Defendant will likely pose a 

danger to the community through potential economic harm and is not eligible for 

compassionate release. The Court will therefore deny Defendant's emergency motion 

for release. 

WHEREFORE, it is hereby ORDERED that Defendant's emergency motion 

for release from custody [690] is DENIED. 

 SO ORDERED. 

 

 s/ Stephen J. Murphy, III 

 STEPHEN J. MURPHY, III 

 United States District Judge 

Dated: August 13, 2020 

I hereby certify that a copy of the foregoing document was served upon the parties 

and/or counsel of record on August 13, 2020, by electronic and/or ordinary mail. 

 s/ David P. Parker 

 Case Manager 

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