UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

United States of America, 

Plaintiff, 

v. Case No. 15-20382 

Honorable Victoria A. Roberts 

Paul Nicoletti, 

Defendant. 

 / 

ORDER DENYING DEFENDANT’S MOTION 

FOR COMPASSIONATE RELEASE [ECF No. 264] 

I. INTRODUCTION 

In May 2019, Paul Nicoletti was convicted of fraudulently obtaining $8 

million dollars’ worth of mortgage loans using straw buyers and falsified 

records. The Court sentenced him to 70 months in prison. Nicoletti now 

moves for compassionate release based on his medical conditions and the 

COVID-19 pandemic. After reviewing the motion papers and applicable 

factors provided in 18 U.S.C. § 3553(a), the Court DENIES Nicoletti’s motion. 

II. RELEVANT LAW 

The compassionate release statute allows the Court to release a 

defendant if, among other things, “extraordinary and compelling reasons 

warrant such a [release],” 18 U.S.C. § 3582(c)(1)(A)(i), and the applicable 

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factors in 18 U.S.C. § 3553(a) support release. United States v. Jones, 980 

F.3d 1098, 1106 (6th Cir. 2020). The COVID-19 pandemic, standing alone, 

is not sufficient to warrant immediate release. United States v. Scarborough, 

821 F. App’x 598, 600 (6th Cir. 2020). 

III. ANALYSIS 

Nicoletti says extraordinary and compelling reasons exist for his 

release because he has a high risk of contracting COVID-19 in prison and 

because he suffers from hemochromatosis (excess iron), hypertension (high 

blood pressure), hyperlipidemia (high cholesterol), cervical disc disorder 

(neck pain), and obesity, which make him more susceptible to COVID-19. 

The government contends that Nicoletti’s medical conditions do not 

constitute an extraordinary or a compelling reason to grant release. The 

parties also dispute whether the § 3553(a) factors support Nicoletti’s release. 

A. Nicoletti’s Medical Conditions 

First, Nicoletti’s hemochromatosis does not constitute an extraordinary 

and compelling reason for release. Though the Court acknowledges that the 

illness is serious and may lead to death if left untreated, Nicoletti’s medical 

records demonstrate that the condition is being appropriately managed. 

Nicoletti himself states in his briefing that he is currently receiving 

phlebotomies, which even he asserts is the best possible treatment for 

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hemochromatosis. See [ECF No. 264, PageID.4376] (“Phlebotomies 

continue to this very date, with blood draws being less often than early on in 

the treatment.”); see also id. at PageID.4377 (“There is no known cure for 

the rare blood disease, as the phlebotomy is the only available treatment for 

the disorder.”) Because Nicoletti’s hemochromatosis is being appropriately 

managed via the best treatment medically available, this illness does not 

constitute an extraordinary or compelling reason to grant compassionate 

release. 

Nor does Nicoletti’s obesity. According to Nicoletti himself, his BMI is 

30.5. [ECF No. 270, PageID.4989]. 30.5 is just barely over the 30 threshold 

that indicates obesity. As the government articulates, “such a condition does 

pose some health risks, but is hardly extraordinary—some 41 percent of 

American adults are classified as obese according to the CDC . . . and 

Nicoletti is [on] the low end of those with that condition.” [ECF No. 266, 

PageID.4417-8]. 

His medical records support that he is being adequately treated for his 

obesity. Further, given that the Sixth Circuit questions whether morbid

obesity is an extraordinary and compelling reason, see United States v. 

Bass, No. 21-1094, 2021 WL 476467, at *1 (6th Cir. Feb. 5, 2021) (“Whether 

morbid obesity is an extraordinary and compelling reason supporting 

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compassionate release is questionable”), Nicoletti’s marginal obesity surely 

cannot meet that standard. 

Nicoletti’s medical records equally support that his other illnesses are 

being appropriately managed as well. He attempts to overstate the nature of 

his illnesses. Though the multisyllabic medical terms for his ailments may 

invoke fear, in laymen’s terms Nicoletti essentially suffers from high blood 

pressure, high cholesterol, and neck pain. These conditions are not 

“extraordinary” in any stretch of the imagination—as the government 

articulates, “Nicoletti presents as a fairly normal 63 year old male, with the 

chronic health conditions common to many in his population cohort.” [ECF 

No. 266, PageID.4418]. 

The Court agrees with the government that Nicoletti’s health issues are 

nothing more than the typical ailments of late middle age. 

Nicoletti’s depression, anxiety, and thyroid problems are also being 

appropriately monitored and medicated. His conditions are not sufficiently 

severe to warrant relief. Even if they were, Nicoletti fails to meet the 3553(a) 

factors to support relief. 

B. 3553(a) Factors 

Considering the nature and circumstances of Nicoletti’s offense – using 

his law license to fraudulently obtain over $8 million dollars – releasing 

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Nicoletti at this juncture would not reflect the seriousness of the offense, 

promote respect for the law, provide just punishment, afford adequate 

deterrence, or protect the public. See § 3553(a)(1)-(2). Though the Court 

commends Nicoletti for his progress towards rehabilitation while 

incarcerated, this does not warrant relief. This Court already leniently 

sentenced Nicoletti to 70 months, well below his applicable 108-135-month 

guideline range. The Court finds that this sentence remains appropriate in 

light of the relevant § 3553(a) factors. 

Because the applicable § 3553(a) factors weigh against Nicoletti’s 

release, the Court DENIES his motion. 

IT IS ORDERED. 

 s/ Victoria A. Roberts 

 Victoria A. Roberts 

 United States District Judge 

Dated: April 24, 2023 

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