IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

PORTLAND DIVISION 

UNITED STATES OF AMERICA, 

Plaintiff, 

v. 

JAZMAN ANTOINE MOORE, 

Defendant. 

JONES, J. 

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No. 3:16-CR-00171-JO 

OPINION AND ORDER 

Defendant Jazman Antoine Moore (Moore) moves to reduce his sentence under 18 

U.S.C. § 3582(c)(l)(A)(i). Specifically, Moore requests that his sentence be reduced 

immediately to one of time served. In the alternative, Moore asks that the Court designate him to 

home confinement for the remainder of his sentence or recommend that the Bureau of Prisons 

(BOP) designate him to home confinement. ECF No. 81. 

Moore's motion is based on the First Step Act of2018 (FSA). Pub. L. No. 115-391, 132 

Stat. 5194 (2018). The FSA allows prisoners to petition courts for sentence modifications, after 

exhausting administrative procedures, based on extraordinary and compelling reasons-a process 

also known as compassionate release. Moore's reason for filing the petition is his medical 

condition in the face of the novel coronavirus pandemic. For the reasons that follow, the Court 

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GRANTS Moore's motion and issues an amended judgment that includes a condition for home 

confinement for the remainder of his original term of incarceration. 

LEGAL STANDARD 

In the FSA, a court may reduce a defendant's sentence if "extraordinary and compelling 

reasons warrant such a reduction; ... and that such a reduction is consistent with applicable 

policy statements issued by the Sentencing Commission .... " 18 U.S.C. § 3582(c)(l )(A)(i). 

The pertinent policy statement by the Sentencing Commission for sentence reductions 

related to medical ailments was last amended before the FSA passed and is found in 

Application Note 1 to United States Sentencing Guidelines (U.S.S.G.) § lBl .13. The Note 1 

identifies extraordinary and compelling reasons in four categories: (1) the medical condition of 

the defendant; (2) the age of the defendant; (3) family circumstances; and (4) other reasons as 

determined by the director of the BOP, in a defendant's case amounting to an extraordinary and 

1 The portion of the FSA relevant to Moore's petition defines "extraordinary and compelling 

reasons as: 

1. Extraordinary and Compelling Reasons.-Provided the defendant meets the requirements 

of subdivision (2), extraordinary and compelling reasons exist under any of the circumstances set 

forth below: 

(A) Medical Condition of the Defendant.-

* * * 

(ii) The defendant is-

(I) suffering from 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 and 

from which he or she is not expected to recover. 

* * * 

(D) Other Reasons.-As determined by the Director of the Bureau of Prisons, there exists in the 

defendant's case an extraordinary and compelling reason other than, or in combination with, the 

reasons described in subdivisions (A) through (C). 

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compelling reason, other than, or in combination with, the reasons described in subdivisions (1) 

through (3 ). 

The policy statement also requires a finding that the defendant is not a danger to the 

safety of any other person or to the community. U.S.S.G. § lBl.13(2). Finally, the policy 

statement notes that "[t]he court is in a unique position to determine whether the circumstances 

warrant a reduction (and, if so, the amount of reduction)." U.S.S.G. § 1B1.13 n.4. 

A defendant seeking a reduction in his tenn of imprisonment bears the burden to establish 

both that he has satisfied the procedural prerequisites for judicial review and that compelling and 

extraordinary reasons exist to justify compassionate release. 18 U.S.C. § 3582(c)(l)(A). 

DISCUSSION 

The Court originally sentenced Moore to 57 months in prison and three years of 

supervised release for being a felon in possession of a firearm. ECF No. 67. His projected 

release date from FCI Sheridan is June 14, 2020. Def. 's Mot. to Reduce Sentence, ECF No. 81. 

Moore requests compassionate release due to the rapidly evolving COVID-19 pandemic. As 

noted in the Presentence Report, Moore suffers from a respiratory disease requiring the use of 

inhalers and complications following major surgeries after being shot. ECF No. 64. 

Moore submitted an application for compassionate release to the Warden on M~rch 28, 

2020. To date, the Warden has not responded. Although Moore filed this case on April 17, 

2020, prior to exhausting his administrative remedy at the BOP, thirty days have now elapsed 

and this motion is properly before the Court. See Brown v. United States. 411 F.Supp.3d 446, 

452 (S.D. Iowa 2019) ('Exhaustion occurs when the BOP denies a defendant's application or lets 

thirty days pass without responding to it.") (internal citations omitted). 

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Next, the Court considers whether extraordinary and compelling reasons warrant a 

sentence reduction in this case. The Centers for Disease Control have identified that Moore's 

conditions, particularly asthma and respiratory diseases, make him particularly susceptible to 

COVID-19. People at Risk/or Serious Illness from COVID-19, CDC (Mar. 12, 2020), 

https://www.cdc.gov/coronavirus/2019-ncov/specific-groups/people-at-higher-risk.htm1. 

Prisoners are exceptionally vulnerable to infection due to the lack of distancing and hygiene 

issues endemic to prison life. Interim Guidance on Management of Coronavirus Disease 2019 

(COVJD-19) in Correctional and Detention Facilities, CDC (Mar. 23, 2020), 

https://www.cdc.gov/coronavirus/2019-ncov/communitv/correction-detention/guidancecorrectinal-detention.htm1. While there have been no identified cases of COVID-19 at FCI 

Sheridan as of the date of this opinion, infection can spread with deadly speed. Some BOP 

facilities have seen out breaks grow into hundreds of confirmed cases in a matter of weeks. 

https:/h,vww.latimes.com/californai/storv/2020-04-29/coronavirns-terminai-island-prisoninmates-outbreak. 

Moore has persuaded the Court that he is suffering from a serious medical condition 

which significantly diminishes his ability to provide self-care in the environment where he is 

held. He has shown that he is individually at high-risk for severe illness from COVID-19 and 

because inmates in detention facilities are particularly vulnerable to infection, Moore has 

demonstrated an extraordinary and compelling reason for compassionate release. 

Further, the Court finds that the applicable§ 3553(a) factors support Moore's request for 

compassionate release and that he is not a threat to the safety of any other person or to the 

community under § 3 l 42(g). He has had a good performance while in prison. His participation 

in educational and rehabilitative programs augurs well for his conduct on release. And the 

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Court is not convinced that the leafy substance found on an empty bunk in Moore's unsecured 

living quarters while he was on prerelease custody at a halfway house belonged to him. The 

Court also takes into consideration that Moore has less than 4 weeks remaining on his sentence 

and doubts any measureable rehabilitative instruction can be imparted in that amount of time. 

The Court takes seriously the government's concerns about granting compassionate 

release to Moore. While Moore requested that his sentence be reduced to time served, instead, 

the Court will issue an amended judgment imposing home confinement for the remainder of 

Moore's prison term. All the conditions for supervised release will remain in place. In addition, 

Moore will be subject to a curfew at the discretion of his supervising probation officer. He shall 

also be subject to random telephone check-ins by the U. S. Probation Office. No GPS 

monitoring is ordered at this time, but can be included at the request of the probation officer. 

Finally, Moore shall also abide by all stay at home orders issued by the State of Oregon. 

CONCLUSION 

Pursuant to 18 U.S.C. § 3582(c)(l)(A), the Court finds that extraordinary and compelling 

reasons warrant a reduction of Moore's sentence, that Moore does not pose a danger to any other 

person or the community, that the§ 3553(a) factors support a reduction, and that the reduction is 

consistent with currently applicable U.S. Sentencing Commission policy statements. The Court 

GRANTS Moore's Motion ECF No. 81. All other pending motions are deemed moot. An 

Amended Judgment shall be issued. 

IT IS SO ORDERED. 

Dated this;l,,( l'aay of May 2020. 

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