USA v. Owen

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
UNITED STATES OF AMERICA 	PLAINTIFF/RESPONDENT
V. 	CASE NO. 5:22-CR-50024
KRYSTLE OWEN 	DEFENDANT/PETITIONER
ORDER
Before 	the 	Court 	are 	Defendant 	Krystle 	Owen's 	Motion 	for 	Compassionate
Release (Doc. 58), the Government's Response (Doc. 63), and Ms. Owen's Reply (Doc.
64). Ms. Owen asserts her sentence should be reduced because (1) she has been
rehabilitated , (2) she is the only available caregiver for her grandmother, and (3) her
sentence 	was 	too 	long 	and 	"sentencing 	disparities 	themselves 	may 	constitute
extraordinary 	and 	compelling 	reasons 	for 	relief, 	regardless 	of 	retroactivity" 	under
18 U.S .C. § 1B1.13. (Doc. 58 , p. 11). For the following reasons, Ms. Owen's Motion
is DENIED.
On 	February 9, 2023 , this 	Court 	sentenced 	Ms . Owens to 	137 	months 	of
imprisonment for the distribution of a substance containing methamphetamine. See Doc.
41 , p. 33. Considering 18 U.S.C. § 3553(a) factors , the Court found no need to vary
upward or downward from the recommended sentencing range. While Ms . Owen was
addicted to drugs, relatively young , and experienced a rough upbringing, there were still
significant aggravating factors . Ms . Owen conducted drug transactions in public and was
associated with a large-scale drug distributor. See Id. at 25. Despite her youth , Ms. Owen
had a significant criminal history with "approximately 10 prior felony convictions ." Id. at
27.
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The Sentencing Commission has identified five categories of "extraordinary and
compelling reasons" that justify early release. See U.S .S.G. § 1B1.13(b)(1)-(4), amend .
814. The first four categories pertain to a defendant' s: (1) medical circumstances; (2)
advanced age and deteriorating health in combination with the amount of time served ; (3)
compelling family circumstances; 	and (4) victimization 	by correctional 	staff while in
custody. Id. There is also a fifth catch-all category: a "circumstance or combination of
circumstances that, when considered by themselves or together with any of the reasons
described in paragraphs (1) through (4), are similar in gravity to those described in
paragraphs (1) through ( 4 )." U.S.S.G . § 1 B1 .13(b )(5).
First, Ms. Owen argues she is the only available caregiver for her 93-year-old
grandmother. See Doc. 58, p. 7. Ms. Owen reasons that "[w]hile her grandmother is not
bedridden , she faces the unavoidable limitations associated with advanced age ." (Doc.
64, p. 2). In a declaration submitted in support of the Motion, Ms. Owen's grandmother
writes 	she 	requires 	assistance 	with 	"meal 	preparation , 	medication 	management,
transportation to medical appointments, household chores, and general supervision."
(Doc. 58, p. 19). Ms. Owen's argument relies on § 1B 1.13(b )(3), which requires the
"incapacitation" 	of 	the 	family 	member 	needing 	a 	caregiver. 	Courts 	usually 	read
§ 1B1 .13(b)(3)'s 	"incapacitation" 	as 	near-complete 	disability. See 	United 	States 	v.
McCoy, 2025 WL 2353013, at *3 (10th Cir. Aug . 14, 2025) (accepting the Bureau of
Prison's non-binding definition that incapacitation means "completely disabled , meaning
that the [individual] cannot carry on any self-care and is totally confined to a bed or chair"
(citation modified)); see also United States v. Bolden , 2020 WL 4286820, at *4 (W.D.
Wash. July 27 , 2020) (finding the BOP's definition "instructive"). There is no indication
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that Ms . Owen's grandmother is incapacitated for the purposes of§ 181 .13(b)(3). While
caring for an aging but otherwise able family member is a noble cause, it is not an
extraordinary and compelling circumstance justifying early release .
Second , Ms. Owen attests her sentence was too long and if she "were sentenced
today under current guidelines and policy statements, she would not remain incarcerated
at this stage of her sentence." (Doc. 58 , p. 12). This Court does not agree that it would
sentence Ms. Owen differently today, and Ms . Owen's Motion does little to demonstrate
any alleged disparity. Ms. Owen's arguments mirror those based on § 181 .13(b)(6), a
section of law that has been recently limited by the Supreme Court. See Rutherford v.
United States, 146 S.Ct. 1320 (2026). To the extent that§ 181 .13(b)(6) survives, it applies
only to prisoners who have already served more than ten years in prison for unusually
long sentences , and Ms . Owen has not served ten years in prison .
Third , Ms. Owen's efforts to rehabilitate herself are certainly commendable. In this
Court's judgment, however, efforts to rehabilitate alone do not constitute extraordinary
and compelling reasons warranting early release.
IT IS THEREFORE ORDERED that the Motion for Compassionate Early Release
(Doc. 58) is DENIED. 	~
IT IS SO ORDERED on this JJi day of Ju
DISTRICT JUDGE
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