1:11-cr-10062•USA v. Rose et al
Full text
United States District Court
District of Massachusetts
Un~ted States of America
)
)
)
v. )
)
)
)
)
Criminal Action No
11-10062-NMG
Kelvin Frye,
Defendant.
)
--------------------
MEMORANDUM & ORDER
GORTON, J.
Pending be f ore the Court are two motions for compassionate
release under 18 U. S . C . §3582 (c) (1) (A) (i) of defendant Kelvin
Frye (" defendant " or " Frye " ) . Frye has filed , and this Court
has denied , two prior motions to reduce his sentence . See
Docket Nos . 1395 and 1428 . For the following rea sons , these
newest motions will be denied as well .
I. Background
In December , 2012 , defendant was convicted of conspiring to
distribute and to possess with intent to distribute heroin and
cocaine and was subsequently sentenced to 300 months in prison .
In September , 2020 , defendant filed his first motion for
compassionate release . He argued that a sentence reductio n was
appropriate based upon his increased risk of contracting COVID -
19 due to his weight and high blood pressure . The Court found
that such conditions were not extraordinary and compelli ng as
-1-
Case 1:11-cr-10062-NMG Document 1552 Filed 03/16/26 Page 1 of 5that provision is concerned under §3582 (c) (1) (A) (i) and denied his motion (Docket No . 1395) . Defendant filed a second motion pursuant to §3582 (c) (1) (A) (i) in April , 2021 , in which he alleged essentially the same conditions as in his prior pleading . The Court denied that motion as well (Docket No . 1428) . Now , Frye moves this Court to grant him compassionate release on substantia l ly different facts . In May , 2025 , Frye was diagnosed wi h metastatic HPV squamous cell carcinoma , a head and neck cancer that manifested as a large tumor on his tonsils . In July , 2025 , he elected to undergo several serious surgeries to remove the tumor , which involved removing his tonsils and conducting reconstructive surgery on his throat . Frye was placed on a feeding tube for several months thereafter while he recovered from the surgery . As of the filing of his most recent motion in December , 2025 , Frye reports that relies on his feeding tube for most of his nutrition , although medical records show that he is progressing with respect to his chewing and breathing . The government opposes the motion on the grounds that Frye ' s condition does not require long - term or specialized medical care unavailable to him while incarcerated . Moreover , it asserts that Frye ' s egregious criminal history weighs heavily against his ear l y release . -2- Case 1:11-cr-10062-NMG Document 1552 Filed 03/16/26 Page 2 of 5
II. Motion for a Sentence Reduction A . Legal Standard A court may reduce a defendant ' s term of imprisonment pursuant to 18 U. S . C . § 3582(c) only if it finds that there are " extraordinary and compelling reasons " warranting s u ch a reduction . 18 U. S . C . §3582 (c) (1) (A) (i) . Even if " extraordinary and compelling reasons " exist , a court should grant a motion for release only if it determines that the reduction is warranted under the particu l ar circumstances o f the case . See United States v . Saccoccia , 10 F . 4th 1 , 4 (1st Cir . 2021) . In 2023 , the United States Sentencing Commission expanded upon the meaning of '' extraordinary and compelling " within the context §3582 (c) (1) (A) (i) . The updated guidance provides that extraordinary and compelling reasons for relief e x ist whe n , inter alia , the defendant is suffering from a medical condition that requires long term or specialized medica l care that is not being provid e d and withou t which the defendant is at risk of serious deterioration ir1 heal th or death . §1B1.13 (b) (1) (C) B. Application Defendant cont nds that his cancer diagnosis and use of a feeding tube require long-term or specialized medical care that is not avai l ab l e to him in prison . Tha t argument is unavailing . - 3 -- Case 1:11-cr-10062-NMG Document 1552 Filed 03/16/26 Page 3 of 5
Frye ' s current health condition , while poor , does not appear to require treatment that the government has not been able to provide . His medical record s indicate that he has been treated as necessary and that his con di tion is improving , albeit slow ly . If his outlook materially wo rs ened , or if the gover nm ent becomes unable to provide his required care , the balance may shift . For now , Frye has not demonstrated extraordinary or compelling circumstances such that a sentence reduction is warranted . Even if his cond i tion were extraordinary and compelling , the circumstances surrounding Frye ' s case would not necessarily warrant release . Frye is currently serving a 300 - month sentence for serious drug offenses , including the distribution of heroin and cocaine and the possession of a dangerous weapon . He has served approximately 60% of that sentence , and , given the severity of his crime , the Court finds that is not eno11gh . When defendant has served a more substant i al por tion of his sentence , and if his medical condition has not improved , further consideration may be warranted . -4- Case 1:11-cr-10062-NMG Document 1552 Filed 03/16/26 Page 4 of 5
.,. 1 , .. ORDER For the forgoing reasons , defendant ' s motion s for compassionate release (Docket Nos . 1525 and 1543) are DENIED . So ordered. Nathaniel M. Go~lon Senior United States District Judge Dated : March / b , 2026 - 5 - Case 1:11-cr-10062-NMG Document 1552 Filed 03/16/26 Page 5 of 5
Wondering how this text applies to your situation?
Free consultation, no commitment
Describe your situation. Our team will contact you by email about your consultation.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.