USA v. Thompson et al

1
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
UNITED STATES OF AMERICA
VS. 4:16-CR-00021-SWW
DEDRICK
DEWON THOMPSON
ORDER
For the reasons set out below, Defendant’s Motion for Compassionate Release
(Doc. No. 191) and motion to amend (Doc. No. 192) are DENIED.
I.BACKGROUND
On March 15, 2017, Defendant pled gu
ilty to interference with commerce by
robbery.
1
On August 29, 2017, he was sentenced to 96 months in prison.
2

II.DISCUSSION
Although the First Step Act made the
procedural hurdles for compassionate
release a bit less strenuous, a defe
ndant still must establish “extraordinary and compelling
reasons” and that release would not be contrary to the 18 U.S.C. § 3553(a) factors.
3
1
Doc. Nos. 105, 106.
2
Doc. Nos. 156, 158
3
18 U.S.C. § 3553(a)(2) mandates that any sentence imposed reflect the seriousness of the
offense, afford adequate deterrence, protect the public, and provide the defendant with
appropriate rehabilitation.
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Before a Defendant may seek compassionate release under the First Step Act, he
must first make the request with the Bureau of Prisons and exhaust his administrative
remedies there.
4
Defendant requested compassionate release on April 27, 2021, and that
request was denied. It is not clear whether Defendant appealed the denial. However, the
Court will assume he has exhausted his administrative remedies and that the issue is
properly before this Court.
Defendant seeks compassionate release because he asserts that his partial paralysis
because of Bell’s palsy puts him at higher risk if he contracted COVID-19. First, Bell’s
palsy is not an “extraordinary and compelling” reason warranting release. Although the
First Step Act did not define this phrase, it defers to the United States Sentencing
Guidelines, which does set out examples.
5
Defendant’s health condition is not listed.
Although being wheelchair bound makes things more difficult, he does not assert that he
is unable to function independently within prison. Second, “fear of contracting COVID-

4
See United States v. Smith, Case No. 4:95-CR-00019-LPR-4, Doc. No. 440 (E.D. Ark.
May 14, 2020) (no jurisdiction when defendant fails to exhaust administrative remedies).
5
Of course, this list predates the COVID-19 outbreak. U.S.S.G § 1B1.13 cmt. n. 1. The
examples are: (1) the defendant’s medical condition is such that he suffers from a “terminal
illness” or the condition “substantially diminishes the ability of the defendant to provide self-care
within the environment of a correctional facility and from which he or she is not expected to
recover”; (2) “[t]he defendant (i) is at least 65 years old; (ii) is experiencing a serious
deterioration in physical or mental health because of the aging process; and (iii) has served at
least 10 years or 75 percent of his or her term of imprisonment, whichever is less; (3) the
defendant’s family circumstances include either “(i) The death or incapacitation of the caregiver
of the defendant's minor child or minor children” or “(ii) The incapacitation of the defendant's
spouse or registered partner when the defendant would be the only available caregiver for the
spouse or registered partner.”
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19 or of experiencing more intense symptoms than the average person are not
extraordinary or compelling enough reasons for release.”
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While it may be considered
with other factors, that is not an issue in this case.
Even if Defendant could establish extraordinary and compelling reasons, his
request for relief must be denied because of the § 3553(a) factors – specifically,
protecting the public from additional crimes by Defendant and reflecting the severity of
the offense.
Defendant has prior convictions for residential burglary, possession with intent to
deliver drugs, felon in possession of a firearm, and possession of a controlled substance.
Notably, his prior convictions involve the same behavior as the instant offense.
Additionally, Defendant committed the instant offense while on parole for a prior
conviction.
The severity of the instant offense also must be considered. Defendant and several
co-conspirators robbed, at gun point, numerous pharmacies. Defendant and his co-
conspirators also repeatedly attempted to pass and did pass forged prescriptions.
Subsequently they sold the drugs on the streets. On August 16, 2015, an Arkansas State
Trooper attempted to conduct a traffic stop on a car driven by Defendant. Defendant fled
at a high rate of speed and eventually caused the trooper to crash into his vehicle.

6
United States v. Osborne, No. 4:05-CR-00109-BSM-12, 2020 WL 3258609, at *2 (E.D.
Ark. June 16, 2020).
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Ultimately, Defendant was responsible for stealing and distributing thousands of
prescription pills.
CONCLUSION
For the reasons stated, Defendant’s Motion for Compassionate Release (Doc. No.
191) and Motion to Amend or Supplement the Motion for Compassionate Release (Doc.
No. 192)
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are DENIED.
IT IS SO ORDERED, this 1st day of June, 2021.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

1
The Court has reviewed the motion to amend, which does not alter the Court’s findings
and decision to deny compassionate release.
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