UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

UNITED STATES OF AMERICA, 

 Plaintiff, 

v. Case No. 15-20450 

 Honorable Victoria A. Roberts 

DENNIS WINGO, 

 Defendant. 

_______________________________/ 

ORDER DENYING DEFENDANT’S MOTION FOR 

IMMEDIATE TRANSFER TO HOME CONFINEMENT [ECF No. 52] 

I. INTRODUCTION 

This matter is before the Court on Dennis Wingo’s motion for 

immediate transfer to home confinement under 18 U.S.C. § 3582(c)(1)(A). 

He asks the Court to grant him a compassionate release due to his alleged 

medical conditions, the COVID-19 pandemic, and family circumstances. 

The Court DENIES Wingo’s motion [ECF No. 52]. 

II. BACKGROUND 

Wingo pled guilty to conspiracy to possess with intent to distribute 

and to distribute controlled substances in violation of 21 U.S.C. §§ 841, 

846. Wingo was held accountable for 16.86 grams of cocaine base and 

27.82 grams of marijuana. Based on the nature of the offense and Wingo’s 

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designation as a career offender due to his criminal history, the anticipated 

guideline range under the Sentencing Guidelines was 151-188 months. 

However, the plea agreement capped the sentence at 120 months. 

The Court sentenced Wingo to 100 months imprisonment followed by 

36 months of supervised release. Wingo has served approximately 45 

months of his sentence. His projected release date is April 22, 2024. 

 Wingo is 38 years old. His criminal history includes convictions for 

illegal drug trafficking, unlawful sale of firearms, and felon in possession of 

firearm. Wingo has violated the terms of probation several times in the 

past, and he committed the offense in this case while on probation for a 

prior conviction. Wingo has received several misconducts for drug and 

alcohol possession and use, among other things, while serving the 

underlying sentence. He has not completed drug treatment courses, 

vocational training, or his release preparation program. 

 Wingo filed his motion for compassionate release on May 28, 2020. 

The government opposes his release. 

III. DISCUSSION

 The compassionate release statute allows the Court to modify a 

defendant’s term of imprisonment if: (1) he fully exhausts all administrative 

remedies; (2) he shows both “extraordinary and compelling reasons 

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warrant such a reduction [or release]” and that the reduction or release is 

consistent with” the Sentencing Commission’s policy statements; (3) he is 

not a danger to any other person or the community; and (4) the factors in 

18 U.S.C. § 3553(a) support the reduction or release to the extent they are 

applicable. See 18 U.S.C. § 3582(c)(1)(A)(i); United States Sentencing 

Guidelines Manual (“USSG”) § 1B1.13 cmt. n.1; United States v. Austin, 

No. 15-20609, 2020 WL 2507622, at *1 (E.D. Mich. May 15, 2020). 

A. Wingo Did Not Properly Exhaust Administrative Remedies 

The Sixth Circuit recently held that exhaustion of administrative 

remedies is a “mandatory condition” before a defendant can file a motion 

for compassionate release. United States v. Alam, 960 F.3d 831, 833 (6th 

Cir. 2020). The Sixth Circuit found “[t]he seriousness of COVID-19 and its 

spread in many prisons make it all the more imperative that the prisons 

have authority to process these applications fairly and with due regard for 

the seriousness of each inmate’s risk.” Id. at 835-36. 

In his request to the Bureau of Prisons (“BOP”), Wingo sought 

release from prison based on “Incapacitation of Spouse or Registered 

Partner.” The BOP denied Wingo’s request because he failed to provide 

necessary information concerning his claim. Among other things, the BOP 

said it needed the following information to determine Wingo’s eligibility for 

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release: (1) a statement that explains Wingo’s spouse has become 

incapacitated; (2) a statement that Wingo is the only family member 

capable of caring for his spouse; and (3) verifiable medical documentation 

of the incapacitation of Wingo’s spouse. 

In his motion, Wingo seeks compassionate release based on COVID19, his own alleged underlying medical conditions, and the incapacitation of 

his spouse. 

Because the factual basis for release Wingo submitted to the BOP is 

not the same as what he submitted to the Court, Wingo failed to properly 

exhaust his administrative remedies, and his motion must be denied. See

United States v. Asmar, No. 18-20668, 2020 WL 3163056, at *3 (E.D. Mich. 

June 5, 2020) (“Where the factual basis in the administrative request and 

the motion before the court are different, a defendant does not satisfy the 

exhaustion requirement because he does not give the BOP an opportunity 

to act on the request before Defendant brings his request to the courts.” 

(citations omitted)). The Court denies Wingo’s motion on this basis alone. 

Moreover, even if Wingo had properly exhausted his administrative 

remedies, release would be inappropriate for several reasons. 

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B. No Extraordinary and Compelling Reasons Exist

 Section 1B1.13 of the Sentencing Guidelines is the “applicable policy 

statement” with which the Court must comply when considering a request 

for compassionate release. Section 1B1.13 explains that a defendant must 

“not [be] a danger to the safety of any other person or to the community” 

under 18 U.S.C. § 3142(g) and must fit within at least one of the following 

four categories of “extraordinary and compelling reasons”: (1) the 

defendant’s medical condition; (2) the defendant’s age; (3) the defendant’s 

family circumstances; and (4) other reasons as determined by the BOP. 

USSG § 1B1.13 cmt. n.1; Austin, 2020 WL 2507622, at *1. 

As set forth above, Wingo says extraordinary and compelling reasons 

exists based on COVID-19, his own alleged underlying medical conditions, 

and the incapacitation of his spouse. 

Although COVID-19 presents serious risks in the federal prison 

system, the mere existence of COVID-19 in society and the possibility that 

it may spread to a particular prison alone cannot independently justify 

compassionate release. United States v. Raia, 954 F.3d 594, 597 (3d Cir. 

2020). Thus, COVID-19, by itself, is not sufficient to satisfy the 

extraordinary and compelling reason requirement. See id. 

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Although Wingo claims he has diabetes, breathing problems, and 

chest pain, his medical records do not support such allegations. Because 

Wingo fails to support the allegation that he suffers from underlying medical 

conditions that put him at high risk related to COVID-19, his alleged

medical conditions do not constitute an extraordinary and compelling 

reason for release. 

Moreover, in his July 31, 2020 reply brief, Wingo says he was 

diagnosed with COVID-19 on June 26, 2020. Wingo says he did not 

receive any medication and was not hospitalized; he says that since his 14-

day quarantine ended, he has not spoken to medical personnel. Notably, 

and thankfully, Wingo does not claim that he had any symptoms – let alone 

serious symptoms – that would have required medication or hospitalization, 

nor does he say that he has needed to see a medical provider since the 

end of his quarantine. That Wingo contracted COVID-19 and had no 

serious symptoms or complications further demonstrates that his alleged

medical conditions do not constitute extraordinary or compelling reasons 

for release. 

Wingo also fails to submit sufficient evidence showing that an 

extraordinary and compelling reason exists for his release based on family 

circumstances. Wingo says his spouse is the primary caregiver to his three 

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stepsons, and she participates in dialysis three days a week for four hours; 

he says he needs to be home to help with his stepsons. Wingo also says 

he wants to be her kidney donor, but he fails to present any documentation 

that he would be a suitable donor candidate. Similar to his own alleged

medical conditions and as the BOP said in its denial letter, Wingo fails to 

present evidence establishing that: (1) his wife is actually incapacitated; (2) 

his wife is unable to care for his three stepsons; and/or (3) he is the only 

person able to help care for his wife and/or stepsons. 

Wingo fails to show extraordinary and compelling reasons exist for 

his release. 

C. Wingo is a Danger to the Community 

Even if Wingo satisfied the above requirements, he would be 

ineligible for release 18 U.S.C. § 3582(c)(1)(A) because he is a danger to 

the community, and because § 1B1.13(2) of the Sentencing Guidelines 

only permits compassionate release if “the defendant is not a danger to the 

safety of any other person or to the community.” USSG § 1B1.13(2); 

Austin, 2020 WL 2507622, at *1. 

Wingo’s offense, his extensive criminal history, his inability and/or 

unwillingness to abide by rules and conditions ordered by a court – as 

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shown by his past probation violations, and his misconduct while serving 

the current sentence demonstrate that he is a danger to the community. 

D. The § 3553(a) Sentencing Factors Weigh Against Release 

Finally, notwithstanding each of the foregoing reasons, the Court 

would also deny Wingo’s motion because the applicable § 3553(a) factors 

weigh against his release at this stage of his sentence. See Austin, 2020 

WL 2507622, at *1 (the Court must find that that the 18 U.S.C. § 3553(a) 

factors weigh in favor of release before granting such relief). 

Wingo has only served 45 months of his below-guidelines, 100-month 

sentence. Given the dangerous nature of Wingo’s crime, release at this 

juncture would not reflect the seriousness of the offense, promote respect 

for the law, provide just punishment, afford adequate deterrence, protect 

the public, or avoid unwarranted sentencing disparities. See 18 U.S.C. § 

3553(a). 

IV. CONCLUSION 

 The Court DENIES Wingo’s motion for immediate transfer to home 

confinement. 

IT IS ORDERED. 

 s/ Victoria A. Roberts 

 Victoria A. Roberts 

 United States District Judge 

Dated: August 12, 2020 

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