UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF INDIANA 

HAMMOND DIVISION 

 

 

UNITED STATES OF AMERICA 

 

Plaintiff, 

 

v. CASE NUMBER: 2:13 CR 66 

 

VAHAN KELERCHIAN 

 

Defendant. 

 

DEFENDANT’S EMERGENCY MOTION TO REDUCE SENTENCE 

PURSUANT TO 18 U.S.C. § 3582(c)(1)(A)(i) (COMPASSIONATE RELEASE) 

AND REQUEST FOR A HEARING 

 Defendant, VAHAN KELERCHIAN, by and through his attorney, respectfully 

requests this Court order his compassionate release to home confinement under 18 

U.S.C. § 3582(c)(1)(A)(i) due to the “extraordinary and compelling reasons” 

confronting the Federal Bureau of Prisons (BOP) by the COVID-19 pandemic.1 Mr. 

Kelerchian’s term of imprisonment commenced on February 5, 2018. He is scheduled 

for release on March 11, 2025. Mr. Kelerchian is at a significant risk of contracting 

COVID-19 and suffering serious illness or death as he is almost sixty-one (61) years 

1

 On or about April 7, 2020, Mr. Kelerchian wrote to Warden David E. Ortiz requesting release. On or about March 

30, 2020 and April 8, 2020 respectively, Mr. Kelerchian’s counsel wrote to Warden Ortiz requesting Mr. Kelerchian’s 

release to home confinement. Mr. Kelerchian has not received a response from Warden Ortiz or the BOP to his 

request. At this time, Mr. Kelerchian exhausted available administrative remedies. Mr. Kelerchian’s Motion is ripe 

for consideration by this Court as the First Step Act of 2018, Pub. L. No. 226-391, § 603, 132 Stat. 5194, 5238-40 

(2018), permits courts to consider motions filed by defendants once “the defendant has fully exhausted all 

administrative rights to appeal a failure of the Bureau of Prisons to bring a motion on the defendant’s behalf,” or after 

“the lapse of 30 days from the receipt of such a request by the warden of the defendant’s facility, whichever is 

earlier[.]” 18 U.S.C. § 3582(c)(1)(A)(i). Mr. Kelerchian satisfied the exhaustion of administrative rights. 

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of age and suffers from a history of respiratory conditions, including repeated sinus 

infections, lower respiratory infections, and bronchospasm, and diagnoses of 

hyperlipidemia, obesity, hypertension, chronic obstructive pulmonary disease 

(COPD), gout, sciatica, polyneuropathy, gastroesophageal reflux disease (GERD), 

osteoarthritis, plantar spurring of both of his heels, and an injury to the meniscus of 

his right knee, with ongoing pain, which limits his ability to walk. Accordingly, the 

global pandemic has created extraordinary and compelling reasons supporting his 

release to home confinement. 

 In support of his motion, Mr. Kelerchian represents the following: 

1. After an October 2015 jury trial, Mr. Kelerchian was convicted of eight 

counts of nonviolent offenses related to conspiracy and making false statements. See 

ECF No. 216. 

2. On February 5, 2018, Mr. Kelerchian was sentenced to one hundred 

(100) months incarceration followed by one (1) year of supervised release. See ECF 

No. 249. 

3. Mr. Kelerchian was designated to serve his sentence at FCI – Fort Dix, 

a low security facility. FCI – Fort Dix is the most heavily populated BOP facility. 

Mr. Kelerchian’s term of incarceration commenced on February 5, 2018. He is 

scheduled for release on March 11, 2025. 

4. The ongoing global and national coronavirus pandemic, an 

extraordinary event that could not have been foreseen at the time of sentencing, 

makes Mr. Kelerchian’s current state of confinement at FCI – Fort Dix extremely 

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dangerous. To date, the global infection rate from the COVID-19 pandemic has 

reached 26,337,473 people and claimed 869,331 lives.2 The United States serves as 

the global front-runner of the COVID-19 pandemic with an infection rate of 6,151,253 

and a death rate of 186,806.3 These numbers increase exponentially each day. The 

State of New Jersey, home state of FCI – Fort Dix where Mr. Kelerchian is 

incarcerated, currently has 191,611 confirmed COVID-19 infections and 14,157 

confirmed deaths.4 The CDC issued guidance related to the potentially lethal effects 

of COVID-19 infections on certain high-risk individuals of the population. The CDC 

determined individuals suffering from conditions such as COPD and obesity “are at 

increased risk of severe illness from COVID-19” and those with hypertension or high 

blood pressure “might be at an increased risk for severe illness from COVID-19.”5 For 

individuals suffering from these conditions, such as Mr. Kelerchian, the CDC 

recommends, “[t]he best way to protect yourself and to help reduce the spread of the 

virus that causes COVID-19 is to: [l]imit your interactions with other people as much 

as possible [and] [t]ake precautions to prevent getting COVID-19 when you do 

interact with others.”6 

2 Coronavirus COVID-19 Global Cases, Center for Systems Science and Engineering (CSSE) at Johns Hopkins 

University, https://coronavirus.jhu.edu/map.html (updating regularly)(accessed September 4, 2020, at 9:27 a.m.). 3 Id.

4

 Official Site of the State of New Jersey, COVID-19 Information Hub, https://covid19.nj.gov/ (updating regularly) 

(accessed September 4, 2020 at 9:33 a.m.). 

5

 Centers for Disease Control and Prevention, People with Certain Medical Conditions, (July 30, 2020), 

https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/people-with-medical-conditions.html. 6 Id. 

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5. The CDC advises, “[t]he best way to prevent illness is to avoid being 

exposed to this virus.”7 In order to prevent exposure, the CDC recommends frequent 

handwashing with soap and water, utilizing hand sanitizer, avoiding close contact 

with others, covering the mouth and nose with a face cover when around others, 

covering coughs and sneezes, frequent cleaning and disinfecting heavily touched 

surfaces, and monitoring individual health.8 The CDC further advises that social 

distancing, or “limiting close face-to-face contact with others is the best way to reduce 

the spread of coronavirus disease 2019 (COVID-19).”9 In order to effectively practice 

social distancing, the CDC urges Americans to “stay at least 6 feet (about 2 arms’ 

length) from other people.”10 Maintaining six feet of distance from others is near 

impossible among federal inmates. The CDC acknowledged the difficulty of 

preventing the introduction and spread of the coronavirus in prisons: 

There are many opportunities for COVID-19 to be 

introduced into a correctional or detention facility, 

including daily staff egress; transfer of 

incarcerated/detained persons between facilities and 

systems, to court appearances and to outside medical 

visits; and visits from family, legal representatives, and 

other community members. Some settings, particularly 

jails and detention centers, have high turnover, admitting 

new entrants daily who may have been exposed to COVID19 in the surrounding community or other regions.11 

7

 Centers for Disease Control and Prevention (CDC), How to Protect Yourself and Others (July 31, 2020) 

https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/prevention.html. 8 Id. 9

 Centers for Disease Control and Prevention (CDC), Social Distancing (July 15, 2020) 

https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/social-distancing.html. 10 Id. 11 Id. 

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6. Attorney General William Barr issued a memorandum directed to the 

Director of the Bureau of Prisons (BOP) on March 26, 2020 instructing, “there are 

some at-risk inmates who are non-violent and pose minimal likelihood of recidivism 

and who might be safer serving their sentences in home confinement rather than in 

BOP facilities” due to the present COVID-19 pandemic.12 Attorney General Barr 

urged the Director of the BOP to “prioritize the use of [the Director’s] various 

statutory authorities to grant home confinement for inmates seeking transfer in 

connection with the ongoing COVID-19 pandemic.”13 The March 26, 2020 

memorandum instructs inmates to be granted release “based on the totality of 

circumstances” and when “transfer to home confinement is likely not to increase the 

inmate’s risk of contracting COVID-19,” which is the case for Mr. Kelerchian. Here, 

Mr. Kelerchian will be at a considerably decreased risk of infection from COVID-19 

while under the care and supervision of his wife, family, and doctor, at home. 

7. Attorney General Barr released a second memorandum on April 3, 2020, 

urging the BOP to prioritize the release of at-risk inmates confined in federal 

correctional facilities with high rates of COVID-19 infections.14 

8. Mr. Kelerchian is detained in a densely populated federal correctional 

complex and is particularly vulnerable to complications from COVID-19 as he is 

almost sixty-one (61) years of age and suffers from a history of respiratory conditions, 

12Attorney General William Barr, Memorandum for Director of Bureau of Prisons (March 26, 2020), 

https://www.bop.gov/coronavirus/docs/bop_memo_home_confinement.pdf. 13 Id. 14Attorney General William Barr, Memorandum for Director of Bureau of Prisons (April 3, 2020), 

https://www.justice.gov/file/1266661/download. 

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including repeated sinus infections, lower respiratory infections, and bronchospasm, 

and diagnoses of hyperlipidemia, obesity, hypertension, COPD, gout, sciatica, 

polyneuropathy, osteoarthritis, plantar spurring of both of his heels, an injury to the 

meniscus of his right knee, and pain, which limits his ability to walk. 

9. The United States Sentencing Guidelines provide that reasons beyond 

medical illness, age, and family circumstances can qualify as “extraordinary and 

compelling reasons” for resentencing.15 

10. United States District Courts across the nation have granted 

compassionate release to inmates suffering the same medical conditions as Mr. 

Kelerchian. See United States v. Bess, No. 1:16-CR-00156-LJV-MRJ at, *17 

(W.D.N.Y. April 22, 2020) (released inmate suffering diabetes, hypertension, 

congestive heart failure, severely depressed ventricular function, and coronary artery 

disease); United States v. Ben-Yhwh, 1:15-CR-00830-LEK at, *13-14 (D. Haw. April 

13, 2020)(inmate suffering from diabetes, high blood pressure, cardiac problems, high 

cholesterol, arthritis, asthma, Parkinson’s Disease, and glaucoma released); United 

States v. Hansen, No. 1:07-CR-00520-KAM (E.D.N.Y. April 9, 2020) (release granted 

to inmate with a variety of diagnoses including diabetes, hypertension, and 

hyperlipidemia); Samy v. United States, No. 2:16-CR-20610-AJT-DRG, at *10 (E.D. 

Mich. April 16, 2020) (continuing incarceration for inmate suffering from medical 

diagnoses including hypertension and Type II diabetes “under the current 

circumstances could be a lethal decision”); United States v. Zukerman, No. 1:16-CR15 See U.S.S.G. § 1B1.13 comment. n.1(A)-(D). 

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00194-AT at, *11 (S.D.N.Y. April 3, 2020) (inmate suffering hypertension and obesity 

among other diagnoses released); United States v. Copeland, No. 2:05-CR-00135-

DCN at, *7, 9 (D.S.C. March 24, 2020) (inmate suffering adult onset diabetes, obesity, 

and previous diagnosis and treatment for prostate cancer released); United States v. 

McCarthy, No. 5:92-CR-00070-JCH at, *3 (D. Conn. April 8, 2020) (release of 65-

year-old inmate suffering “a host of medical ailments” including COPD and asthma); 

Miller v. United States, No. 16-20222-1 at, *1-2 (E. D. Mich. April 9, 2020) (release of 

inmate with diagnoses of coronary artery disease, COPD, Hepatitis C, hypertension, 

cirrhosis of the liver, heart disease, and liver cancer); United States v. Burrill, No. 

17-CR-00491-RS-1, 2020 WL 1846788, at *1 (N.D. Cal., April 10, 2020) (inmate 

suffering high cholesterol, diabetes, high blood pressure, diverticulosis, asthma, 

cataracts, glaucoma, hearing loss, blood clots, and lower back nerve pain released); 

United States v. Sawicz, No. 08-cr-287, 2020 WL 1815851 (E.D.N.Y. Apr. 10, 2020) 

(inmate suffering hypertension released); United States v. Smith, No. 1:12-CR00133-JFK at, *1-2 (S.D.N.Y. April 13, 2020) (62-year-old inmate suffering high 

cholesterol, asthma, a thyroid condition, blood clots, and suspected multiple myeloma 

released); United States v. Kataev At, No. 16-CR-763-05 (LGS) at, *4 (S.D.N.Y. April 

15, 2020) (inmate suffering “chronic sinusitis, which affects breathing” released); 

United States v. Coker, No. 3:14-CR-085 at, *1-2 (E.D. Tenn. April 15, 2020) (release 

of 52-year-old inmate suffering from COPD); United States v. Gileno, No. 3:19-CR161-(VAB)-1at, 1, 6 (D. Conn. April 20, 2020) (inmate suffering “chronic asthma and 

other respiratory issues [...] multiple bouts of pneumonia as an adult,” high 

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cholesterol, a thyroid condition, blood clots, and suspected multiple myeloma 

released); United States v. Joling, No. 6:11-CR-60131-AA at, *1-2, 8 (D. Or. April 17, 

2020) (released inmate with diagnoses of hypertension, past transient ischemic 

attacks, obesity, past left lower extremity fracture, atherosclerosis); United States v. 

Scparta, No. 18-CR-578 (AJN) at, *2-3 (S.D.N.Y. April 20, 2020) (immediate release 

granted to 55-year-old inmate suffering from high cholesterol, sleep apnea, high blood 

pressure, and hypertension); United States v. Coles, No. 00-CR-20051 at, *1, 3 (C.D. 

Ill. April 24, 2020) (inmate suffering prostate and bladder issues, pulpitis (dental 

infection), and hypertension released); United States v. Williams, No. 3:17-CR-121-

(VAB)-1 at, *1, 6 (D. Conn. April 24, 2020) (inmate suffering hypertension, attention 

deficit hyperactivity disorder (ADHD), chronic asthma, high cholesterol, and a history 

of treatment for kidney issues and triple bypass surgery released). 

11. Even federal prosecutors are conceding the risks to inmates posed by the 

present pandemic coupled with chronic medical conditions warrants compassionate 

release. See Wise v. United States, No. CR ELH-18-72, 2020 WL 2614816, at *7 (D. 

Md. May 22, 2020) (“[J]ust last week, the Department of Justice adopted the position 

that any inmate who suffers from the chronic conditions associated with severe illness 

from COVID-19 are eligible for compassionate release.”); United States v. Wright, No. 

CR TDC-17-0388, 2020 WL 2571198, at *3 (D. Md. May 21, 2020) (“The Government 

now agrees, based on recent Department of Justice guidance, that Wright’s diabetes 

condition, and perhaps other medical conditions she presently has, could constitute 

‘extraordinary and compelling reasons’ under the circumstances of the COVID-19 

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pandemic.”); U.S. v. Esparza, 2020 WL 1696084, at *3 (D. Idaho Apr. 7, 2020) (“The 

presence of COVID-19 . . . necessitates a more expansive interpretation of what selfcare means”); United States v. Atkinson, 2020 WL 1904585, at *3 (D. Nev. Apr. 17, 

2020)(citing Esparza, 2020 WL 1696084, at *3) (“The presence of COVID-19 . . . 

necessitates a more expansive interpretation of what self-care means” to include 

COVID-vulnerability coupled with the inability to practice CDC-recommended 

procedures to safeguard against transmission); see also, Government’s Response in 

Opposition to Defendant’s Motion to Reduce Sentence Pursuant to 18 U.S.C. § 

3582(c)(1)(A)(i), United States v. Hird, Case No. 2:13-CR-39-TJS, ECF. No. 650, (E.D. 

Pa. May 19, 2020) (government concession that “the risk of COVID-19” to a 

vulnerable inmate “presents ‘a serious physical or medical condition . . . that 

substantially diminishes the ability of the defendant to provide self-care within the 

environment of a correctional facility”). 

12. District courts across the nation recognize the danger to inmates 

incarcerated specifically at FCI – Fort Dix where Mr. Kelerchian is currently serving 

his sentence and have granted compassionate release to many of the facility’s 

inmates. See, e.g., United States v. Al-Jumail, No. 12-20272 (E.D. Mich. May 12, 

2020) (60-year-old non-violent inmate at FCI – Fort Dix suffering from high blood 

pressure, high cholesterol, coronary arterial disease, retinal disease, and underwent 

placement of heart stents who took “advantage of beneficial prison programs” and 

demonstrated “evidence of post-sentencing rehabilitation” released); United States v. 

Pena, 2020 WL 2301199 (S.D.N.Y. May 8, 2020) (60-year-old inmate at FCI – Fort 

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Dix suffering from hypertension and hyperlipidemia released, concluding: “This 

Court has repeatedly recognized that COVID-19 presents a heightened risk for 

individuals with hypertension.”); United States v. Copeland, No. 1:03-CR-01120-FB 

at, *6 (E.D.N.Y. May 19, 2020) (inmate at FCI – Fort Dix with diagnoses of 

hyperlipidemia, vitamin D deficiency, hypertension, pre-diabetes, and latent 

tuberculosis infection released); United States v. DeBartolo, No. 14-016 WES at, *3 

(D.R.I. June 11, 2020) (FCI – Fort Dix inmate suffering hypertension and kidney 

disease granted release as “hypertension increases the relative risk of mortality twofold for a patient hospitalized with COVID-19, as compared with those without 

hypertension” released); Woodward v. United States, No. 2:12-CR-00105-RAJ-DEM 

at, *6 (E.D. Va. June 26, 2020) (FCI – Fort Dix inmate granted release due to 

diagnoses of obesity, heart conditions, and diabetes as “the Court is aware of the 

growing evidence of the BOP’s chronic mismanagement of its vulnerable population 

during the COVID-19 pandemic.”); United States v. McCalla, No. 3:11-CR-00452-

FLW (D.N.J. July 2, 2020) (inmate at FCI – Fort Dix suffering chronic asthma, high 

blood pressure, chest pains, renal disease, and overweightness granted release); 

United States v. Browne, No. 1:14-CR-10369-LTS (D. Mass. July 2, 2020) (52-yearold inmate suffering from hypertension, sleep apnea, hyperlipidemia, asthma, 

diabetes, pancreatitis, and obesity and serving a sentence at FCI – Fort Dix on 

firearms related offenses deemed not a danger to the community and granted 

release); United States v. Adeyemi, No. 2:06-CR-00124-MAK (E.D. Pa. July 6, 2020) 

(34-year-old inmate at FCI – Fort Dix suffering chronic asthma and bronchospasms 

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released); United States v. Hayes, No. 2:17-CR-20292-DML-EAS (E.D. Mich. July 15, 

2020) (inmate at FCI – Fort Dix “has advanced sufficiently compelling circumstances 

to warrant a sentence reduction based on his severe obesity, which is further 

complicated by his ‘moderate persistent’ asthma and sleep apnea, and which places 

him at seriously elevated risk from COVID-19 infection.”); United States v. Amaro, 

No. 1:16-CR-00848-KPF at, *9 (S.D.N.Y. July 14, 2020) (“significant co-morbidities” 

and “deep-seated mental health issues, taken together, constitute extraordinary and 

compelling reasons for [...] release from custody” of an inmate incarcerated at FCI – 

Fort Dix); United States v. Chappell, No. 1:16-CR-00512-LTS at, *4 (S.D.N.Y. July 

21, 2020) (COVID-19 crisis and FCI – Fort Dix inmate’s “obesity, and 

immunosuppressive therapies, and age combine to constitute extraordinary and 

compelling circumstances”); United States v. Robinson, No. 3:10-CR-00261-MHL 

(E.D. Va. July 17, 2020) (release granted to 46-year-old inmate at FCI – Fort Dix 

suffering from hypertension as “it is undisputed that ‘hypertension is one of the most 

common “comorbidities” in people who experience severe cases of COVID-19’”) 

(internal citations omitted). 

13. The Northern District of Indiana is recognizing the need to both reduce 

the prison population and protect medically vulnerable inmates like Mr. Kelerchian 

from COVID-19 exposure. See, e.g., United States v. Johnson, No. 2:14-CR-80, 2020 

WL 4048140, at *1 (N.D. Ind. July 17, 2020) (43-year-old inmate suffering high 

cholesterol, high blood pressure, gout, and chronic kidney disease granted release); 

United States v. Jackson, No. 2:18-CR-00086-PPS-APR at, *4,6, ECF 84, 2020 WL 

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3396901, (N.D. Ind. June 19, 2020) (release granted to 31-year-old inmate suffering 

from obesity, hypertension, and a history of respiratory conditions, including chronic 

bronchitis); United States v. Hayden, No. 1:07-CR-68-HAB, 2020 WL 4218503, at *1-

2 (N.D. Ind. July 23, 2020) (COVID-19 constitutes extraordinary and compelling 

reason to grant release to a 38-year-old inmate with chronic kidney disease). 

14. Courts in our neighboring districts across the Seventh Circuit are 

reducing sentences and granting release to inmates suffering comparable medical 

diagnoses. See, generally, United States v. Mahoney, No. 10-CR-95, 2020 WL 

4430571 (N.D. Ill. July 31, 2020); United States v. Miller, No. 17-CR-30032, 2020 WL 

4334798 (C.D. Ill. July 28, 2020); United States v. Shelton, No. 05-30010-001, 2020 

WL 4193113 (C.D. Ill. July 21, 2020); United States v. Miller, No. 18-CR-30034, 2020 

WL 4366088 (C.D. Ill. July 30, 2020); United States v. Grant, No. 16-30021-001, 2020 

WL 4036382 (C.D. Ill. July 17, 2020); United States v. Kirschner, No. 1:10-CR-00203-

JPH-MJD-01, 2020 WL 4004059 (S.D. Ind. July 15, 2020); United States v. Leverette, 

No. 97-CR-225, 2020 WL 4057425 (E.D. Wis. July 20, 2020); United States v. 

Ikegwuonu, No. 15-CR-WMC-2, ECF 123 (W.D. Wis. July 31, 2020); United States v. 

Ramsey, No. 18-CR-163, 2020 WL 3798938 (E.D. Wis. July 7, 2020); United States v. 

Shannon, No. 13-CR-535, 2020 WL 3489491 (N.D. Ill. June 26, 2020); United States 

v. Young, No. 14-CR-30024-2, 2020 WL 3605025, (C.D. Ill. July 2, 2020); United 

States v. Tate, No. 17-CR-30037, 2020 WL 3791467 (C.D. Ill. July 7, 2020); United 

States v. Rainone, No. 09-CR-206-1, 2020 WL 3468307 (N.D. Ill. June 19, 2020); 

United States v. Kidd, No. 19-CR-27-JPS, 2020 WL 3270850 (E.D. Wis. June 17, 

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2020); United States v. Harris, No. 06-CR-30058, 2020 WL 3483559 (C.D. Ill. June 

26, 2020); United States v. Gakhal, No. 15-CR-470-1, 2020 WL 3529904 (N.D. Ill. 

June 30, 2020); United States v. Chapman, No. 10-CR-642, 2020 WL 2850984 (N.D. 

Ill. June 2, 2020); United States v. Hodges, No. 04-CR-993-3, 2020 WL 2935101 (N.D. 

Ill. June 3, 2020); United States v. Body, 18-CR-503-1, 2020 WL 2745972 (N.D. Ill. 

May 27, 2020); United States v. Coles, No. 00-CR-20051, 2020 WL 1976296 (C.D. Ill., 

April 24, 2020); United States v. Halliburton, No. 17-CR-20028, 2020 WL 3100089 

(C.D. Ill. June 11, 2020); United States v. Guzman, No. 13-CR-576-1, 2020 WL 

2781713 (N.D. Ill. May 28, 2020); United States v. Lacy, No. 15-CR-30038, 2020 WL 

2093363 (C.D. Ill. May 1, 2020); United States v. Ginsberg, No. 14-CR-462, 2020 WL 

2494643 (N.D. Ill., May 14, 2020); United States v. Schneider, No. 14-CR-30036, 2020 

WL 2556354 (C.D. Ill. May 20, 2020); United States v. Lewellen, No. 09-CR-0332 (-

2), 2020 WL 2615762 (N.D. Ill. May 22, 2020); United States v. Davis, No. 06-20020-

002, 2020 WL 4049980 (C.D. Ill. July 20, 2020); United States v. Hayes, No. 09-CR1032, 2020 WL 3790615 (N.D. Ill. July 7, 2020); United States v. Common, No. 17-

CR-30067, 2020 WL 3412233 (C.D. Ill. June 22, 2020); United States v. Fettis, No. 

17-CR-30003, 2020 WL 3027198 (C.D. Ill. June 5, 2020); United States v. Hansen, 

No. 17-CR-50062, 2020 WL 2219068 (N.D. Ill. May 7, 2020); United States v. Early, 

No. 09-CR-282, 2020 WL 2112371 (N.D. Ill. May 4, 2020); United States v. Pinkerton, 

No. 15-CR-30045-3, 2020 WL 2083968 (C.D. Ill., April 30, 2020); United States v. 

Mabry, No. 14-CR-116-1, 2020 WL 4015315 (N.D. Ill. July 16, 2020). 

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15. The Eighth Amendment of the United States Constitution prohibits the 

federal government from inflicting cruel and unusual punishment on Mr. Kelerchian. 

Unreasonable risk of COVID-19 contraction will, in itself, constitute an Eighth 

Amendment violation. The Supreme Court of the United States similarly held that 

inmates can bring an Eighth Amendment claim when they are subjected to 

involuntary and unreasonable exposure to a toxin that threatens the inmate’s health. 

Helling v. McKinney, 509 U.S. 25 (1993). Unreasonable risk of COVID-19 contraction 

will, in itself, constitute an Eighth Amendment violation. 

16. Given that Mr. Kelerchian is almost sixty-one (61) years of age and 

suffers from significant underlying health conditions that make him exceptionally 

vulnerable to COVID-19, extraordinary and compelling circumstances exist to 

support a reduction of his sentence to time-served with the remaining portion of the 

original term of imprisonment to be served as immediate supervised release to home 

confinement. 

17. Since 2004, Mr. Kelerchian treated with Louis J. Gringeri, D.O. of 

Gringeri Family Medicine. After a thorough evaluation of Mr. Kelerchian’s medical 

file, Dr. Gringeri stated in a letter dated April 4, 2020, “[t]he patient has repeatedly 

been diagnosed with sinusitis, lower respiratory infections, bronchial spasms and 

shortness of breath. Under CDC guidelines he is more volnerable (sic) to coronavirus 

and if he contracts it more likely to die.” A true and correct copy of the April 4, 2020 

letter written by Louis J. Gringeri, D.O. is attached hereto as Exhibit A. Mr. 

Kelerchian’s respiratory problems were so severe during his treatment with Dr. 

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Gringeri, at the recommendation of Dr. Gringeri, on May 7, 2014, Mr. Kelerchian 

underwent a submucous resection nasal septum and nasal reconstruction and 

submucous resection of the right inferior turbinate operation performed by Jeffrey 

Briglia, D.O. at The Ambulatory Surgery Center at St. Mary. 

18. Dr. Gringeri had an opportunity to evaluate Mr. Kelerchian’s medical 

records from FCI – Fort Dix. A true and correct copy of the June 25, 2020 letter 

written by Louis J. Gringeri, D.O. is attached hereto as Exhibit B. Prior to his 

incarceration, Dr. Gringeri treated Mr. Kelerchian for “sinus infections, lower 

respiratory infections, bronchospasm, allergies, sciatica, hyperlipidemia, and gout.” 

Id. Dr. Gringeri stated clearly in his June 25, 2020 letter: “At no time has Vahan had 

hypertension.” Id. (emphasis added). Mr. Kelerchian’s medical records from the 

medical center of FCI – Fort Dix reveal that Mr. Kelerchian now also has 

hypertension and, more recently, COPD. Not only did Mr. Kelerchian enter FCI – 

Fort Dix with underlying medical conditions, but his health actually deteriorated 

during the past thirty-one months of his incarceration. According to Dr. Gringeri, 

Mr. Kelerchian’s “multiple chronic health conditions,” including hyperlipidemia, 

hypertension, age, obesity, being on Omeprazole, and increased uric acid, “place him 

at a greatly increased risk of developing serious complications and death if he were 

to contract SARS-CoV-2.” Id. Dr. Gringeri urges “[b]ecause of Vahan’s numerous 

health risks, and the need to protect him from SARS-CoV-2 by following the CDC 

guidelines which include social distancing, I respectfully request that Vahan be 

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released to home confinement.” Id. Should he be granted compassionate release, Mr. 

Kelerchian will promptly resume treatment with Dr. Gringeri. 

19. Mr. Kelerchian has a verifiable release plan to ensure his safe transition 

back into the community, which is more fully set forth in the corresponding 

Memorandum. Upon release, Mr. Kelerchian will live with his wife of thirty-two (32) 

years, Maura Kelerchian, and their two daughters at the same home in Pennsylvania 

where the family has resided since 1997. Mr. Kelerchian’s family is fully committed 

to ensuring his full and complete compliance with the conditions of his release and 

peaceful transition back into the community. Should Mr. Kelerchian be permitted to 

work upon his release and after the COVID-19 health crisis is controlled, he has been 

offered an opportunity at a local jewelry store near his home owned by a friend of his 

family who is also committed to assisting him with following any and all terms of his 

release. As the Honorable Joseph S. Van Bokkelen noted at Mr. Kelerchian’s 

February 5, 2018 sentencing hearing: “It appears that upon release from prison, Mr. 

Kelerchian will have a solid network of support.” United States v. Vahan Kelerchian, 

No. 2:13-CR-66, Transcript of Sentencing Hearing, Volume II Before the Honorable 

Joseph S. Van Bokkelen United States District Judge (N.D. Ind. Feb. 5, 2018) at p. 

13. 

20. Mr. Kelerchian has no prior criminal history, no gang affiliations, no 

history of violence, and no disciplinary infractions during his time of incarceration. 

His crimes of conviction involve eight counts of nonviolent offenses related to 

conspiracy and making false statements. As such, Judge Van Bokkelen 

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recommended he serve his term of incarceration in a Low Security Facility, FCI - Fort 

Dix. His PATTERN score is 3. Since the commencement of his incarceration, Mr. 

Kelerchian participated in numerous programming opportunities and classes 

including Spanish I, Spanish II, Business Communication, 7 Habits of Highly 

Effective People, Essay Writing, Restaurant Management, and General Science. He 

received Certificates for his participation in Diabetes Awareness & Prevention and 

Talking With Your Doctor classes, as well as a Certificate of Achievement for his 

exemplary performance in the “Just Say No” eight week program at FCI – Fort Dix. 

He continues to seek educational opportunities and is currently on the waitlist for a 

class entitled Criminal Thinking Errors, as educational programs have been 

suspended due to COVID-19. Mr. Kelerchian held jobs in the FCI – Fort Dix electrical 

shop and as an afternoon groundskeeper. Upon release, he will promptly resume 

treatment with his family physician, Louis Gringeri, D.O. of Gringeri Family 

Medicine, P.C. for his extensive chronic and deteriorating medical conditions 

including repeated sinus infections, COPD, lower respiratory infections, 

bronchospasm, hyperlipidemia, hypertension, obesity, GERD, polyneuropathy, gout, 

sciatica, osteoarthritis, and a decreased ability to walk due to plantar spurring on 

both of his heels and an injury to the meniscus of his right knee. Upon release, Mr. 

Kelerchian will promptly undergo sleep apnea and diabetes testing as recommended 

by the medical staff at FCI – Fort Dix. Risk of recidivism for Mr. Kelerchian upon 

release would be virtually zero (0) percent. Given his nonexistent criminal history, 

nonexistent history of violence, advanced age, chronic and rapidly deteriorating 

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medical conditions, low PATTERN score, exemplary conduct in prison and verifiable 

release plan, it is within the interest of this Court and the FCI – Fort Dix community 

to release Mr. Kelerchian to his home and family so he may obtain the medical care 

he requires and prevent him from serious illness or death should he be exposed to 

COVID-19. 

21. Mr. Kelerchian respectfully requests this Court schedule oral argument 

on his Emergency Motion to Reduce Sentence Pursuant to 18 U.S.C. § 3582(c)(1)(A)(i) 

(Compassionate Release) and Request for a Hearing. 

WHEREFORE, Vahan Kelerchian respectively requests this Court order his 

immediate release from incarceration to home confinement. 

 Respectfully submitted: 

 

 /s/ Kerry C. Connor 

 Kerry C. Connor 

 Attorney for Defendant Vahan Kelerchian 

 9013 Indianapolis Blvd., Suite C 

 Highland, IN 46321 

 Telephone: (219) 972-7111 

 Facsimile: (219) 972-7110 

 Email: kcconnor@sbcglobal.net 

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CERTIFICATE OF SERVICE 

 

I hereby certify that on September 10, 2020, I electronically filed the 

foregoing with the Clerk of the Court using the CM/ECF system which sent 

notification of such filing to all counsel of record. 

 

 /s/ Kerry C. Connor 

Kerry C. Connor 

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