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UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

UNITED STATES OF AMERICA, 

 Plaintiff, 

v. Case No. 15-cr-20442 

 District Judge Paul D. Borman 

TRAVOUGHN DANIELS, 

 

 Defendant. / 

ORDER DENYING DEFENDANT'S MOTION FOR RESENTENCING 

AND REQUEST FOR COMPASSIONATE RELEASE (ECF NO. 301, JULY 

20, 2020) 

 Defendant Travoughn Daniels, 27 years old, is incarcerated at FCI-Elkton 

(Ohio) based on a 15-year (180 month) sentence imposed after pleading guilty to 

two counts of his Indictment before Judge Gerald Rosen (retired). Defendant was 

sentenced to 120 months in prison on Count One, the mandatory minimum 

sentence, for Conspiring to Possess With Intent to Distribute and to Distribute five 

Kilograms or More of Cocaine, in violation of 21 U.S.C. §§ 841(a)(1) and 846, and 

60 months in prison on Count Four, the mandatory minimum sentence, for 

Possession of a Firearm in Furtherance of a Drug Trafficking Offense, 18 U.S.C. § 

924(c). The sentences must run consecutive to each other. (ECF No. 301, 

Government Response, Page ID 2950.) 

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 Defendant Daniels reported to prison on April 7, 2017. (Government 

Response, ECF No. 309, Page ID 3191.) Mr. Daniels has completed approximately 

43 months of his 180-month sentence. 

 On April 27, 2020, FCI-Elkton Warden Mark Williams denied Defendant's 

request for compassionate release/reduction in sentence. (Defendant's Motion, ECF 

No. 301, 301-1, Exhibit D.) His release date from prison is April 2030 (with credit 

for good conduct). (Government Response, ECF No. 309, Page ID 3189.) 

 Defendant requests the "Court pursuant to the First Step Act of 2018 and 18 

U.S.C. § 3582(c)(1)(A), to reduce the remainder of Mr. Daniels' 180-month term of 

imprisonment to time served, and to impose special conditions that he serve the 

balance of his sentence in home confinement on supervised release or other 

conditions this Honorable Court sees appropriate." (ECF No. 301, Page ID 2948.) 

 Defendant contends that he "is at a heightened risk of death or serious illness 

from COVID-19...His past and current medical needs include asthma, Focal 

Segmental Glomerulonephritis (FSG) a kidney disorder and Interstitial Nephritis 

and secondary hypertension...In combination, these place Mr. Daniels in the 

COVID-19 highest risk category." (Id., at p. 2949.) 

 Defendant asserts that: 

Asthma is a condition listed on CDC guidelines as people 

of any age with asthma as underlying medical condition 

are at increased risk for severe illness from COVID-19. 

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FSG is a chronic kidney condition (CKD) where the 

CDC lists as people of any age with certain underlying 

medical conditions are at increased risk for severe illness 

from COVID-19. 

.... 

If left untreated, CKD can progress to kidney failure and 

early cardiovascular disease. 

.... 

Hypertension is also listed on CDC website as a serious 

condition that increases your risk of severe illness from 

COVID-19. 

(Id., at Page ID 2953-54.) 

 Defendant notes that he received a COVID-19 antigen test, and the results 

were negative, which Defendant contends creates an increased risk of contracting 

COVID-19 while incarcerated. (Id., at Page ID 2955.) 

 Defendant contends that his criminal history does not include violent 

offenses. (Id., at Page ID 2956.) 

 Defendant contends that the BOP is unable to ensure his health and wellbeing (Id., at Page ID 2956), and this is particularly so at FCI-Elkton. (Id., at Page 

ID 2959.) 

 Finally, Defendant contends that if "compassionate release/RIS is granted, 

he will live with his sister Ebony Daniels in Detroit, Michigan. Defendant notes 

that he was released on bond at the onset of this case and resided with his sister 

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Ebony Daniels without any issues throughout the pendency of the case." (Id., at 

Page ID 2961-62.) 

 The Government Response in Opposition initially focuses on Defendant 

Daniels' extensive criminal behavior: 

Defendant Travoughn Daniels had just pleaded guilty to 

illegally possessing a handgun and was on bond when 

DEA arrested him with yet another handgun in his waist 

while trying to access five kilograms of cocaine hidden in 

a spare tire. But he admitted to conspiring to distribute as 

many as 25 kilograms of cocaine. 

(Government Response, 8/7/2020, ECF No. 309, Page ID 3189.) The Government 

adds: 

Even though Daniels's medical condition qualifies as 

"extraordinary and compelling" in light of COVID-19, he 

should not be released before his scheduled date--he 

remains a danger to the community, which forecloses 

relief under U.S.S.G. § 1B1.13(2). Because § 

3582(c)(1)(A) requires that release be "consistent with" 

the Sentencing Commission's policy statements, Daniels 

fails to meet the mandatory criteria in U.S.S.G. § 1B1.13. 

Likewise, § 3553(a) factors--which the Court must also 

consider under § 3582(c)(1)(A)--do not support release. 

His Motion should be denied. 

(Id., at Page ID 3189-3190.) 

ANALYSIS 

 Defendant contends that "the COVID-19 pandemic is devastating the BOP." 

(ECF No. 301, Page ID 2949.) On the other hand, United States Court of Appeals 

for the Sixth Circuit recently noted, with regard to FCI-Elkton: 

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The BOP has in fact put in place and updated its 

protocols to address the novel risks from CODID-19. The 

BOP's steps to prevent and mitigate the COVID-19 

spread at Elkton are likely reasonable responses to this 

serious risk. 

Wilson v. Williams, 961 F.3d 829, 844 (6th Cir. 2020). 

 The Court notes that as of August 18, 2020, FCI-Elkton has two active 

positive COVID-19 cases, 982 recovered, and nine deaths. The BOP has 

performed 2,140 tests for COVID-19 at FCI-Elkton. 

 Defendant's Motion lists the six medications he receives at FCI-Elkton for 

his medical conditions: 

1. Mometasone Furate for Eczema; 

2. Albuterol Sulfate for Asthma; 

3. Aspirin, 81 mg., for heart pain; 

4. Selenium Sulfide lotion for skin; 

5. Fluoxetine hc1 for mental health; and 

6. Lisinopril hc1 for blood pressure and FSG. 

 (ECF No. 301, Page ID 2952-53.) Thus, the BOP is responding to his medical 

conditions with attention and medication. 

 The Government Response notes that "During the three years he has been at 

BOP, Daniels has committed at least five violations, ranging from failure to follow 

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visitation policy or being in undesignated areas, to the more serious offenses of 

using and possessing drugs in August of 2019." (ECF No. 309, Page ID 3197-98.) 

 The Court finds that the BOP provides Defendant with attention and 

medication for his medical conditions: 

1. His moderate intermittent asthmatic condition 

which was managed by Albuterol as needed during 

his youth (6-18 years old) (Defendant's Motion, 

ECF No. 301, Exhibit A, Dr. Smitherman letter), 

continues to be managed while he is in custody. 

2. His childhood kidney issue--FSG--which presented 

at age 10, is now controlled by medication. While 

the Government states that the CDC has identified 

Chronic Kidney Disease (CKD) of any stage as a 

risk factor for COVID-19, and thus may initially 

qualify as an "extraordinary and compelling 

reason" for relief, the first eligibility threshold for 

compassionate release, there is no evidence that 

this condition "substantially diminishes the ability 

of the Defendant to provide self-care within the 

environment of a correctional facility, and from 

which he is not expected to recover." U.S.S.G. § 

1B1.13(1)(A), cmt. n.1(A)(ii)(I). 

 Defendant's record of receiving his medications indicates that he is active 

and able to self-care at FCI-Elkton by taking his medications during his time at 

FCI-Elkton. The Court further notes that Defendant's record of prison misconduct 

violations, including the use of a controlled substance, indicates that his criminal 

behavior continues even while incarcerated. 

 

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CONCLUSION 

 The evidence before the Court of his criminal history activity, before the 

instant offenses, during the instant offenses, and even while being imprisoned, 

establish that he continues to be a danger to the safety of the community. Applying 

the 18 U.S.C. § 3553(a) factors which the Court must consider, under 18 U.S.C. § 

3182(c)(1)(A) impel the Court to conclude that Defendant does not qualify for 

compassionate release. The § 3553(a) factors are: 

(1) The nature and circumstances of the instant 

offenses: A large quantity of cocaine and 

possession of a firearm in conjunction with a drug 

offense, are very serious offenses. His criminal 

history clearly indicates his contempt for the law 

and for the Courts by his continuing criminal 

behavior while on release, and thereafter while in 

prison. 

(2) There is a continuing need that he serve a 

significant portion of his sentence , to promote 

respect for the law and provide just punishment for 

the offenses of conviction, to deter criminal 

conduct by others, and in particular, to protect the 

public from further crimes of Defendant Daniels. 

The Court notes that a recent Sixth Circuit opinion, 

United States v. Kinkaid, 805 F. App'x 394, 395-

396 (6th Cir. 2020), approves of a court's 

consideration of the percentage of time served in 

its required discussion of these 3553(a) factors: 

District courts routinely weigh 

whether a certain amount of time 

served is "sufficient, but not greater 

than necessary" to serve § 3553(a)'s 

purposes. That's what happens at 

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sentencing. A district court may use 

that same calculus when deciding 

whether to grant a motion for 

compassionate release. 

 In the instant case, Mr. Daniels has completed less 

than 25% of his 180-month sentence. 

 Finally, Sentencing Guideline 1B1.13(2), requires the Court to determine 

whether Defendant's release would be a danger to the community as required in 18 

U.S.C. § 3142(g). The Court finds that in this case the evidence is overwhelming 

that, if released, Defendant would be a danger to the community. 

 Accordingly, the Court denies Defendant's Motion for Release Pursuant to 

18 U.S.C. § 3182(c)(1)(A). 

 SO ORDERED. 

DATED: August 25, 2020 s/Paul D. Borman 

 PAUL D. BORMAN 

 UNITED STATES DISTRICT JUDGE 

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