USA v. DeLeo et al

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UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
UNITED STATES OF AMERICA,
Plaintiff,
v.
RALPH F. DELEO,
Defendant.
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1:09-cr-10391-SDN
ORDER
This matter comes before the Court’s on Defendant Ralph DeLeo’s motion for
compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A)(i). ECF No. 546. Mr. DeLeo
seeks compassionate release based on serious medical conditions, “including an often
fatal congenital heart condition, a compromised immune system with increased risk of
fatal infection and [an] unfinished dental surgery causing further risk of infection,
discomfort and interference with nutrition,” and leukemia. Id. at 2–3. In response, the
Government contends Mr. DeLeo has failed to establish “extraordinary or compelling
reasons” for release as required by statute, and further that the sentencing factors
contained in 18 U.S.C. § 3553(a) “compel his continued incarceration.” ECF No. 553 at 1–
2. For the following reasons, the Court will RESERVE RULING on the motion for
compassionate release pending the results of Mr. DeLeo’s follow-up cardiac imaging.
On April 9, 2026, the Court held a remote hearing on Mr. DeLeo’s motion for
compassionate release. ECF No. 573. During the hearing, the Court heard testimony from
Bureau of Prisons (“BOP”) physician Dr. Fine Song, who serves as Mr. DeLeo’s primary
physician at FMC Butner. Dr. Song testified that since Mr. DeLeo’s incarceration, the
condition of his heart has worsened, with the discovery of an acute aortic stenosis on
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December 10, 2025. Dr. Song also testified that, due to administrative error, prior
imaging and examination of Mr. DeLeo’s heart was conducted in the wrong location
and was thus inadequate, producing only a partial image for medical review. Accordingly,
a follow-up appointment for imaging is scheduled for some time this month, which will
provide full cardiac imaging results and allow for a better determination of the best course
of care to adequately treat Mr. DeLeo. Additionally, Dr. Song testified that based on these
results, the treating providers may recommend surgery or more minimally invasive
treatment options. In response to the Court’s questions, Dr. Song testified that should Mr.
DeLeo’s 	heart 	conditions 	require 	surgery 	while 	incarcerated 	at 	FMC 	Butner,
the nearby Duke University hospital would have the capacity to perform surgery and
would further prioritize Mr. DeLeo’s surgery accordingly with the urgency demanded by
the severity of his condition.
Following this hearing, the Court finds it prudent to defer ruling on the merits of
Mr. DeLeo’s motion for compassionate release until the results and medical review of his
follow-up imaging— and next steps and timing thereof—are available for both counsel and
the Court’s review. The Court recognizes the defense’s argument and concern that further
delay 	of 	treatment 	for 	multiple 	medical 	conditions 	poses 	greater 	risk 	to 	Mr.
DeLeo’s health. Nonetheless, after a fuller assessment of Mr. DeLeo’s heart condition, all
parties will be more informed and better able to determine the most appropriate course
of action concerning his access to adequate medical care and the timing thereof.
CONCLUSION
Accordingly, the Court RESERVES RULING on Mr. DeLeo’s motion for
compassionate release, ECF No. 546, following the results of his follow-up imaging
appointment. The Court further ORDERS defense counsel to provide an update on
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Mr. DeLeo’s condition within three business days of the receipt of information regarding
the results of the imaging appointment and any next steps. Following this update, the
Government will have two business days to respond.
S O ORDERED .
Dated this 10th day of April, 2026.
/s/ Stacey D. Neumann
UNITED S TATES DISTRICT J UDGE
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