USA v. Rose et al

United 	States 	District Court
District 	of Massachusetts
Un~ted 	States 	of America
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v. 	)
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Criminal 	Action No
11-10062-NMG
Kelvin 	Frye,
Defendant.
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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
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that 	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 .
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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 .
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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 .
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.,. 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
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