UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

______________________________________________________________________

UNITED STATES OF AMERICA,

Plaintiff,

v. Case No. 15-20319

ROY EDWARD BROWNLEE,

Defendant.

________________________________/

ORDER DIRECTING THE GOVERNMENT TO FILE A SUPPLEMENTAL BRIEF

Defendant Roy Edward Brownlee was convicted by jury on September 15, 2016, 

of conspiring to distribute controlled substances with death resulting, 21 U.S.C. §§ 

841(a)(1), 846, distributing controlled substances, 21 U.S.C. § 841(a)(1), being a felon 

in possession of a firearm, 18 U.S.C. § 922(g)(1), willfully engaging in a firearms 

business without a firearms dealer license, 18 U.S.C. § 922(a)(1)(A), and attempting to 

distribute controlled substances, 21 U.S.C. §§ 841(a)(1), 846. (ECF No. 84, 

PageID.1066.) On February 9, 2017, the court sentenced him to 360 months 

imprisonment. (Id., PageID.1067.) 

Defendant has filed a “Motion to Reduce Sentence.” (ECF No. 136.) He argues 

that the health risk presented by the Coronavirus Disease (“COVID-19”) at his location 

of confinement, FCI Gilmer, warrants compassionate release under 18 U.S.C. § 

3582(c)(1)(A).

The government filed a response opposing the motion but did not state 

Defendant’s COVID-19 vaccination status. (ECF No. 140.) The Bureau of Prisons 
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(“BOP”) has made substantial progress distributing COVID-19 vaccines to the federal 

prison population. FCI Gilmer has an inmate population of 1,531. FCI Gilmer, Federal 

Bureau of Prisons, https://www.bop.gov/locations/institutions/gil/ (last visited May 10, 

2021). Out of that total, 942 inmates are fully vaccinated, and, at FCI Gilmer, there are 

no active cases of COVID-19 among inmates. COVID-19: Coronavirus, Federal Bureau 

of Prisons, https://www.bop.gov/coronavirus/ (last visited May 10, 2021). 

Defendant’s vaccination status is a significant consideration in determining 

whether compassionate release is warranted. See 18 U.S.C. § 3582(c)(1)(A) (requiring 

that a prisoner have “extraordinary and compelling” circumstances to obtain 

compassionate release). If Defendant is fully vaccinated, or if Defendant has been given 

an opportunity to be vaccinated, that fact will impact the court’s analysis of his motion to 

reduce sentence. Thus, the court will direct the government to file a supplemental brief 

stating whether Defendant has been offered a COVID-19 vaccine and whether he has 

been vaccinated. In the supplemental brief, the government must provide citations to 

medical records, affidavits, or other supportive material. Accordingly, 

IT IS ORDERED that the government is DIRECTED to file a supplemental brief 

by May 28, 2021, stating, with citations to appropriate support, whether Defendant has 

been offered a COVID-19 vaccine and whether he has received a COVID-19 vaccine. 

 s/Robert H. Cleland / 

ROBERT H. CLELAND

UNITED STATES DISTRICT JUDGE

Dated: May 10, 2021

I hereby certify that a copy of the foregoing document was mailed to counsel of record 

on this date, May 10, 2021, by electronic and/or ordinary mail.

s/Lisa Wagner / 

Case Manager and Deputy Clerk
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(810) 292-6522

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