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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

UNITED STATES OF AMERICA, 

Plaintiff

HON. DAVID M. LAWSON

CASE NO.: 2:08-CR-20520

vs.

DAVID LEE WILLIAMS

Defendant.

____________________________________/

MARK BILKOVIC

Office of the U.S. Attorney

211 W. Fort Street, Suite 2001

Detroit, MI 48226

(313) 226-9623

Fax: (313) 226-3265

Email: Mark.bilkovic@usdoj.gov

SANFORD A. SCHULMAN

Attorney for Defendant

DAVID WILLIAMS

500 Griswold Street, Ste. 2340

Detroit, MI 48226

(313) 963-4740

saschulman@comcast.net

STEFANIE LAMBERT JUNTTILA

Attorney for Defendant

DAVID WILLIAMS

500 Griswold Street, Ste. 2340

Detroit, MI 48226

(313) 963-4740

attorneystefanielambert@gmail.com

_______________________________/

Case 2:08-cr-20520-DML-MKM ECF No. 572, PageID.2166 Filed 12/21/20 Page 1 of 8
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DEFENDANT DAVID WILLIAM’S REPLY TO THE UNITED STATES’ 

REPONSE OPPOSING THE DEFENDANT’S MOTION FOR 

RESENTENCING AND EARLY RELEASE

Mr. Williams filed his Motion for Resentencing and Request for Early 

Release on November 14, 2020. The Government filed a Response to Mr. Gibson’s 

Motion on December 7, 2020. Mr. Gibson offers this reply, and does not intend to 

waive any issue by not responding to contentions fully addressed in his Motion for 

Compassionate Release.

ARGUMENT

The Government agrees that Williams’ BOP medical records establish that he 

has two medical conditions, type 2 diabetes mellitus and morbid obesity, which the 

CDC has confirmed places a person at an increased risk of severe illness from COVID 

-19. (R. 568, PgID 2029). 

The Center for Disease Control provided an update on December 1, 2020. 

Mr. Williams a high body mass index. Mr. Williams weighs over 400 pounds. The 

Center for Disease Control has identified a high body mass index to be an 

underlying medical condition that is at an increased risk for severe illness from the 

virus that causes COVID-19. Additionally, Mr. Williams has diabetes or 

prediabetes, with hypertension. The CDC identifies these medical conditions as 

conditions that are at an increased risk for severe illness or death from the virus 

Case 2:08-cr-20520-DML-MKM ECF No. 572, PageID.2167 Filed 12/21/20 Page 2 of 8
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that causes COVID-19. Certain Medical Conditions and Risk for Severe COVID19 Illness |CDC, December 1, 2020, https://www.cdc.gov/coronavirus/2019-

ncov/need-extra-precautions/people-with-medical-conditions.html.

Additionally, the Government is not contesting that Mr. Williams has 

exhausted his administrative remedies. (R. 568, PgID 2021). 

Mr. Williams disagrees with the Government’s assertion that Mr. Williams’ 

medical treatment and care in sufficient in light of the COVID-19 pandemic, that the 

BOP is properly managing the spread of COVID-19, and that the § 3553(a) factors 

weigh against compassionate release. 

The Government incorrectly states that the spread of COVID -19 is properly 

managed by the BOP. As of December 21, 2020, there are 60 inmates positive with 

COVID-19, and 17 staff members infected as well. The most recent BOP data also 

reflects 144 inmates and 55 staff members have recovered from COVID-19 virus. 

COVID-19 Cases, December 21, 2020, https://www.bop.gov/coronavirus/. 

Not only are the positive number of COVID-19 cases in FCI Milan 

increasing at a rapid pace, but the contagious virus is spreading like wildfire in the 

BOP facilities throughout the United States. In October of 2020, 1,652 federal 

inmates and over 700 BOP staff members were positive with COVID-19. COVID19 Cases, October 14, 2020, https://www.bop.gov/coronavirus/. As of December 

15, 2020, there are currently 6,023 federal inmates and 1,759 BOP staff members 

Case 2:08-cr-20520-DML-MKM ECF No. 572, PageID.2168 Filed 12/21/20 Page 3 of 8
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currently positive with COVID-19. COVID-19 Cases, December 15, 2020, 

https://www.bop.gov/coronavirus/. This data clearly demonstrates that the Bureau 

of Prisons policies and procedures to address COVID-19 simply are not working to 

contain or control the spread of the deadly virus. 

Moreover, the Government incorrectly states that Mr. Williams will receive 

adequate medical treatment at FCI Milan should he contract COVID-19. Mr. 

Williams has underlying medical conditions that would require urgent 

hospitalization should he contract the COVID-19 virus. It is simply unsafe for Mr. 

Williams to be housed with hundreds of inmates while the COVID-19 virus is 

rapidly spreading through prisons. Milan has a skeleton crew of medical 

physicians, and Mr. Williams rarely is treated by a medical doctors. The medical 

staff consists of mostly nurses and assistants. FCI Milan is not designated a 

medical facility within the BOP. Mr. Williams needs to have the ability to 

immediate seek treatment at a local hospital should he contract the COVID-19 

virus. Mr. Williams will not receive timely lifesaving medical treatment if he needs 

to wait for a prison COVID-19 test and approval for a hospital transfer. 

On March 23, 2020, the Center for Disease Control and Prevention (CDC) 

acknowledged that correctional and detention facilities “present unique challenges 

for control of COVID-19 transmission among incarcerated/detained persons, staff 

and visitors.” Interim Guidance on Management of Coronavirus Disease 2019

Case 2:08-cr-20520-DML-MKM ECF No. 572, PageID.2169 Filed 12/21/20 Page 4 of 8
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(COVID-19) in Correctional and Detention Facilities, Centers for Disease Control 

(Mar. 23, 2020), https://www.cdc.gov/coronavirus/2019-

ncov/community/correctiondetention/guidance-correctionaldetention.html.[Hereinafter”CDC Guidance 3/23/2020”].

Specifically, the CDC has noted that many detention conditions create a 

heightened risk of danger to its inmates. Risks include low capacity for patient 

volume, insufficient quarantine space, insufficient on-site medical staff, highly 

congretional environments, inability of most patients to leave the facility, and 

limited ability of incarcerated/detained persons to exercise effective disease 

prevention measures (e.g., social distancing and frequent handwashing). Id. 

The only adequate relief for Mr. Williams is to release him from 

confinement at FCI Milan. Social distancing, hygiene measures and proper diet are 

Mr. Williams only defense against COVID-19. These protective measures are 

exceedingly difficult at, if FCI Milan if not impossible. Mr. Williams shares toilets, 

sinks, phones, showers, and eats in communal spaces. He is in frequent, close 

contact with other inmates, and officers. 

No matter what steps are taken at FCI Milan, Mr. Williams is constantly at 

risk of contracting COVID-19 during this pandemic. Absent an early release by 

this Court, Mr. Williams has a high likelihood of irreparable harm in the form of 

loss of health or life should he contract COVID-19, if he has not already. 

Case 2:08-cr-20520-DML-MKM ECF No. 572, PageID.2170 Filed 12/21/20 Page 5 of 8
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The United States Attorney General has issued a directive to consider early 

release for detainees who do not pose a public safety risk, as minimizing crowded 

populations is the only known way to mitigate spread of this pandemic. 

Prioritization of Home Confinement as Appropriate in Response to COVID-19 

Pandemic, Atty Gen. (Mar. 26, 2020); Executive Order, No. 2020-29 (COVID-19) 

(Mar.26, 2020). We respectfully request that Mr. Williams is released to home 

confinement to live with his family, work, and seek medical treatment as needed 

from his doctors, and local hospitals. If released, Mr. Williams is supported by 

family, plans to live with his mother and stepfather, and will work for Benjamin 

Bryan Concrete, which is owned by his family. 

Lastly, the Government incorrectly states that the § 3553(a) factors weigh 

against releasing Mr. Williams for home confinement. The Government agrees that 

Mr. Williams has served at least sixty percent of his sentence and has accumulated 

594 days of good time credit. (R. 568, PgID 2019). The Government conducted a 

thorough search of Mr. Williams discipline data, and found no recent offenses with 

the exception that Mr. Williams was insolent or rude to a staff member on one 

occasion during the pandemic lockdown. The Government did not cite any new data 

regarding the § 3553(a) factors and points out the Mr. Williams has served a 

Case 2:08-cr-20520-DML-MKM ECF No. 572, PageID.2171 Filed 12/21/20 Page 6 of 8
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significant amount of time in prison which has resulted in significant punishment and 

deterrence for Mr. Williams. 

CONCLUSION

WHEREFORE, Defendant respectfully requests that this Court to enter an 

order resentencing Defendant Williams to early release from Federal Prison for the 

reason so stated herein. Mr. Williams health is extremely vulnerable while housed at 

FCI Milan, and he will abide by all orders from this Court if he is released and 

Ordered to serve the remainder of his sentence on home confinement. 

Respectfully submitted,

/s/ Sanford A. Schulman

SANFORD A. SCHULMAN P-43230

Attorney for Defendant 

500 Griswold Street, Suite 2340

Detroit, Michigan 48226

(313) 963-4740

saschulman@comcast.net

/s/ Stefanie Lambert Junttila

Federal Criminal Attorneys of Michigan

Case 2:08-cr-20520-DML-MKM ECF No. 572, PageID.2172 Filed 12/21/20 Page 7 of 8
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Stefanie Lambert Junttila P71303

Attorneys for Defendant

500 Griswold Street, Suite 2340

Detroit, MI 48226

December 7, 2020

Certificate of Service

I, Stefanie Lambert Junttila, attorney at law, certify that on December 7, 

2020, I caused a copy of this pleading to be served upon the Clerk of the Court and 

Government via E-file. 

/s/ Stefanie Lambert Junttila

Stefanie Lambert Junttila (P71303)

Case 2:08-cr-20520-DML-MKM ECF No. 572, PageID.2173 Filed 12/21/20 Page 8 of 8