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UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

UNITED STATES OF AMERICA, 

 Plaintiff, 

v. Case No. 15-cr-20268 

 District Judge Paul D. Borman 

SHAWN HOUSE, 

 

 Defendant. / 

ORDER DENYING DEFENDANT SHAWN HOUSE'S MOTION FOR 

COMPASSIONATE RELEASE (ECF NO. 77) 

 On December 31, 2020, Defendant filed a Motion for Compassionate 

Release. (ECF No. 77.) On January 20, 2021, the Government filed a Response in 

Opposition. (ECF No. 80.) On February 3, 2021 Defendant filed a 17-page Reply. 

(ECF No. 86.) 

 Defendant was sentenced to 180 months (15 years) incarceration. He is 49 

years old. He has been incarcerated since May 2, 2015; 68 months, less than half of 

his original sentence. Defendant has six plus years remaining on his sentence. 

(Government Response, ECF No. 80, at PageID 429.) 

 Defendant was convicted of distributing more than 23,000 Oxycodone pills, 

and initially faced an advisory Sentencing Guideline range of 360 months to life 

imprisonment, which was statutorily capped at 240 months. (Defendant's Motion, 

ECF No. 77, PageID 379.) 

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 Defendant is presently incarcerated at FCI-Milan, MI. His projected release 

date is February 18, 2028. (Id. at PageID 379.) 

 The Court finds that Defendant House has exhausted his Bureau of Prisons 

(BOP) administrative remedies with regard to 18 U.S.C. § 3582(c)(1)(A), and this 

case is properly before this Court. 

 Defendant contends that the COVID-19 pandemic, in particular within the 

Bureau of Prisons, and even more specifically at FCI-Milan combined with his 

medical conditions, establish extraordinary and compelling reasons that warrant 

granting him compassionate release. His medical conditions are hypertension (high 

blood pressure), tuberculosis (TB), and obesity. He also contends that he is 

prediabetic. Defendant's BMI is 30.4, barely over the CDC minimum standard for 

obesity--BMI 30. 

 The Government Response in Opposition notes that Defendant's significant 

drug dealing in this case, extensive criminal history as a lifelong drug dealer, his 

often use of an alias at times of arrest, and his prior history of 17 misconducts 

during incarcerations, establish him as a danger to the community if released. The 

Government further contends that his reasons for release are not extraordinary; that 

the COVID-19 pandemic and his medical condition, do not create an extraordinary 

and compelling reasons for granting compassionate release. (Government 

Response, ECF No. 80, PageID 438.) 

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 The Defendant's medical records submitted to the Court indicate that his 

medical condition of hypertension is being successfully treated by medication: 

(Defendant's medical records, ECF No. 83-1, 12/30/2020, PageID 455). These 

records also show that his medical diagnosis of prediabetes is being dealt with by 

diet and exercise. (Id. at PageID 457, 12/9/2020.) Defendant was treated for 

tuberculosis in 2017 and completed latent TB treatment in March 2020. 

(Government Response, ECF No. 80, PageID 442.) 

 On February 1, 2021, FCI-Milan had 13 COVID-positive inmates, 244 

recovered, 4 COVID-positive staff, 76 recovered. 

 The Court recognizes that Defendant, while incarcerated, has completed 

drug treatment classes, and received his GED. 

 Nevertheless, the Court, examining the relevant 18 U.S.C. § 3553(a) factors, 

finds that they strongly weigh against compassionate release: 

(1) The nature of the instant offense is very serious, 

distributing over 23,000 Oxycodone pills. His 

history and characteristics evidence him as a 

lifelong drug dealer, continuously using aliases to 

avoid detection, and receiving multiple disciplines 

during prior incarcerations. 

(2) There was a need for imposing a 15-year sentence 

to reflect the seriousness of the offense, to promote 

respect for the law, and to provide just punishment. 

Because he has served less than six years of his 15-

year sentence, granting him compassionate release 

now would undermine the impact of all of these 

factors, and also fail to provide adequate 

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deterrence to others considering such serious 

similar criminal conduct. See, United States v. 

Kincaid, 802 F. App'x 187, 188-89 (6th Cir. 2020): 

 District courts routinely weigh 

whether a certain amount of time 

served is sufficient but not greater 

than necessary to serve § 3553(a) 

purposes. That's what happens at 

sentencing. A district court may use 

that same calculus when deciding 

whether to grant a motion for 

compassionate release. 

 The Court further finds that pursuant to 18 U.S.C. 

§ 3553(a)(2)(C), there is a need to deny 

compassionate release in order to protect the 

public from further crimes by the Defendant. 

CONCLUSION 

 Accordingly, the Court DENIES Defendant Shawn House's Motion for 

Compassionate Release because he remains a significant danger to the public/ 

community if released. 

 SO ORDERED. 

DATED: February 4, 2021 s/Paul D. Borman 

 PAUL D. BORMAN 

 UNITED STATES DISTRICT JUDGE 

 

 

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