Scola Compassionate Release

Case 1:14-cr-20349-RNS Document 200 Entered on FLSD Docket 04/06/2020 Page 1 of 5
United States District Court

Southern District Of Florida
Case No. 14-20349-CR-SCOLA
United States Of America,

Plaintiff
vs.
Karl Oreste,
Defendant.
_____________________________________/
Order Granting Defendant’s Unopposed Motion for Compassionate Release

On April 2, 2020, Defendant Karl Oreste filed a motion for compassionate
release pursuant to 18 U.S.C. § 3582(c)(1)(A)(i). (ECF No. 198.) Oreste requests
that he be released from prison early and allowed to serve the remainder of his
sentence in home confinement because of the extraordinary and compelling
circumstances presented by the COVID-19 pandemic and because of his
advanced age and incredibly poor health. Having considered the motion, the
Government’s written response in which they do not oppose Mr. Oreste’s motion,
and the relevant legal authority, the Court grants the Defendant’s motion. (ECF
No. 198.)
COVID-19 has spread all over the world and has greatly impacted us all.
The United States reported more confirmed cases than any other country, with
the Center for Disease Control reporting over 300,000 on April 5, 2020.1 As the
United States has experienced a shortage of COVID-19 tests, there is reason to
believe that there are many more unconfirmed cases in addition to the 300,000
confirmed cases. The COVID-19 pandemic poses a serious danger to society, and
especially to at-risk or vulnerable inmates. COVID-19 poses a greater threat to
Federal Bureau of Prison inmates than to the general population because
inmates are confined in relatively close quarters and are unable to take the
health precautions that many can take outside of prison, such as social
distancing. In light of this unprecedented situation, Attorney General Barr has
urged the Bureau of Prisons to transfer inmates to home confinement where
appropriate to decrease the risks to their health. Memorandum from the Attorney
General (Apr. 3, 2020). The memorandum states that inmates over 60 years of
1 Center for Disease Control and Prevention, Cases in U.S., updated April 5,
2020, at https://www.cdc.gov/coronavirus/2019-ncov/cases-updates/cases-
in-us.html.
age with severe pre-existing medical conditions serving sentences for non-violent
crimes may be transferred to home confinement. (Id. at 2.) Attorney General
William Barr also emphasizes the importance of protecting the public from
individuals who may pose a danger to society and to prevent the over-burdening
of the police force “with the indiscriminate release of thousands of prisoners onto
the streets without any verification that those prisoners will follow the laws when
they are released.” (Id. at 3.) The memorandum also stresses the need for careful,
individualized determinations on the appropriateness of releasing any given
inmate and does not encourage a mass release of all qualifying inmates. (Id.)
With this background in mind, the Court will examine Karl Oreste’s
potential release from prison and transfer to home confinement. In July 2014,
Mr. Oreste pled guilty to one count of conspiracy to commit wire fraud in
violation of 18 U.S.C. § 1349. (ECF No. 44.) On February 4, 2015, this Court
sentenced Mr. Oreste to 100 months in prison followed by 5 years of supervised
release. (ECF No. 128.) Mr. Oreste surrendered to serve his sentence on March
20, 2015, and has been incarcerated since then. Mr. Oreste has served 60
months of his 100-month sentence, and according to the Bureau of Prisons
website, his projected release date is June 2022. (ECF No. 198 at 3.) Therefore,
the Bureau of Prisons predicts that he will serve 24 more months in prison. As
a practical matter, he would likely serve even less than remaining two years in
prison because nonviolent defendants often serve the last six months to a year
of their sentence in a halfway house.
The compassionate release statute, 18 U.S.C. § 3582(c)(1)(A), provides
that:
(A) the court, upon motion of the Director of the Bureau
of Prisons, or upon motion of the defendant after 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 the lapse of 30 days
from the receipt of such a request by the warden of the
defendant’s facility, whichever is earlier, may reduce the
term of imprisonment (and may impose a term of
probation or supervised release with or without
conditions that does not exceed the unserved portion of
the original term of imprisonment), after considering the
factors set forth in section 3553(a) [18 USCS § 3553(a)]
to the extent that they are applicable, if it finds that—
(i) extraordinary and compelling reasons warrant
such a reduction;
18 U.S.C. § 3582(c)(1)(A)(i).
Under the relevant Sentencing Guidelines Policy Statement, the court

“may reduce a term of imprisonment . . . if, after considering the factors set forth
in 18 U.S.C. § 3553(a), to the extent they are applicable, the court determines
that. . . extraordinary and compelling reasons warrant a reduction.” § 1B1.13.
The Court must also find that the defendant “is not a danger to the safety of any
other person or to the community, as provided in 18 U.S.C. § 3142(g).” Id. at
policy stmt. Based on this framework, in order to transfer Mr. Oreste’s term of
imprisonment to home confinement, the Court must find extraordinary and
compelling reasons warrant Mr. Oreste’s release, that he is not a danger to the
community, and consider the factors in 18 U.S.C. § 3553(a).
Mr. Oreste suffers from a number of severe illnesses that increase his risk
of death due to COVID-19, including end-stage renal failure, heart failure,
diabetes, and a history of respiratory illness. Since he was admitted into prison,
he has had several eye surgeries for detached retinas and is blind in his right
eye and has low vision in his left eye. He had open-heart surgery in January
2017 due to a heart attack, after which he was diagnosed with heart failure. Due
to his renal failure, he requires dialysis three times a week. And, in 2018, he
contracted pneumonia and bronchitis. These conditions put Mr. Oreste at a high
risk of death from COVID-19. 2 Based on the increased risk of death posed by
COVID-19 pandemic and Mr. Oreste’s severe health conditions, the Court finds
that extraordinary and compelling reasons warrant Mr. Oreste’s release.
The Court must also evaluate whether Mr. Oreste is a danger to the safety
of others or the community under 18 U.S.C. § 3142(g). In making this
determination, courts should consider (1) “the nature and circumstances of the
offense charged;” (2) “the weight of the evidence against the person;” (3) “the
history and characteristics of the person;” and (4) “the nature and seriousness
of the danger to any person or the community that would be posed by the
person’s release.” 18 U.S.C. § 3142(g). After considering these factors, the Court
determines that Mr. Oreste is not a danger to the community. Mr. Oreste was
convicted of a non-violent wire fraud offense in 2005, and he has no history of
committing violent offenses. (ECF No. 198 at 28.) Crucially, his severe medical
conditions render him extremely unlikely to commit violent crimes. He will likely
live his few remaining years on house arrest, and if he lives past the next two
years, he will likely remain at home, with his fiancé caring for him until his
death. (ECF No. 198 at 29.)
2Center for Disease Control and Prevention, Coronavirus Disease: People

who are at higher risk for severe illness, updated March 26, 2020 at
https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/people-
at-higher-risk.html.
Lastly, the Court will consider the applicable 18 U.S.C. § 3553(a) factors.
At the time of sentencing, the nature and circumstances of the offense and the
history and characteristics of the offender, see § 3553(a)(1), coupled with the
need to ensure adequate punishment, deterrence, and community protection,
see id. at (a)(2)(A-C), and to avoid unwarranted disparity, see id. at (a)(6),
warranted a sentence of 100 months of imprisonment. However, given that Mr.
Oreste has served the majority of his sentence and would soon be released from
prison coupled with his severe medical conditions, continued confinement in
prison for the last few years of his life does not serve the purposes of punishment
under § 3553(a)(2). Every day that Mr. Oreste spends in prison, he is at risk of
contracting COVID-19 and subsequently dying from the disease. Tellingly, the
Government does not oppose Mr. Oreste’s motion to transfer the remainder of
his sentence to home confinement.
Based on the foregoing, the Court grants the Defendant’s motion for
compassionate release. (ECF No. 198.) And the Court further orders as follows:
1. The defendant’s sentence of imprisonment is hereby reduced to time

served, effective immediately, followed by five years of supervised release,
including, as an additional special condition of supervised release, a 24-
month period of home confinement without electronic monitoring. He will
be allowed to leave the home only for medical reasons. All other terms and
conditions of supervision that were originally imposed remain unchanged.
2. The Federal Bureau of Prisons is directed to release Oreste immediately

after the United States Probation Office approves his release plan. Oreste
must proceed directly to the home of his fiancé, Line Etienne, once
released.
3. On his release from the custody of the Federal Bureau of Prisons, Oreste
must begin serving the 24-month term of home confinement without
electronic monitoring and the 5-year term of supervised release previously
imposed. Oreste must report in person to the United States Probation
Office within 72 hours of his release.
The Clerk is directed to immediately forward a copy of this order to the
Bureau of Prisons, the U.S. Marshal, and Probation.
Done and ordered at Miami, Florida, on April 6, 2020.
________________________________
Robert N. Scola, Jr.
United States District Judge

Scola Compassionate Release

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Case 1:14-cr-20349-RNS Document 200 Entered on FLSD Docket 04/06/2020 Page 1 of 5

United States District Court

Case No. 14-20349-CR-SCOLA

United States Of America,

Order Granting Defendant’s Unopposed Motion for Compassionate Release

Under the relevant Sentencing Guidelines Policy Statement, the court

2Center for Disease Control and Prevention, Coronavirus Disease: People

1. The defendant’s sentence of imprisonment is hereby reduced to time

2. The Federal Bureau of Prisons is directed to release Oreste immediately

Done and ordered at Miami, Florida, on April 6, 2020.

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