Northern District of Oklahoma Grants Compassionate Release to Vaccinated Person: Cavely

Facts:  

Cavely was found charged with several offenses arising out of conspiracy to manufacture and distribute methamphetamine.  He was sentenced to 440 months.  He was 37 years old when he was sentenced and he is now 57.  He has served more than half of his sentence, with 53% of his full term and 63% of his statutory term.  

He sought compassionate release for several extraordinary and compelling reasons, incluydig his health.  He currently is a “care level 2,” which means “Stable, Chronic Care” and he has health problems that include morbid obesity and emphysema.  The court also noted that he contracted COVID in November of 2020, recovered and had received both shots of the Pfizer vaccine (note that this order was granted in July of 2021).  

The Government responded that Cavely could not show extraordinary and compelling reasons.  

Holding: Courts are still granting compassionate releases to vaccinated persons.

Reasoning:  The court noted that extraordinary and compelling reasons existed by way of Cavely’s sentence and health conditions:

“Cavely, suffers from morbid obesity, Congestive Heart Failure, and Chronic Obstructive Pulmonary Disease (“COPD”). Each of these comorbidities is recognized by the Center of Disease Control (“CDC”) as placing him at increased risk of severe illness from the virus that causes COVID-19. Therefore, Cavely's medical conditions, including his obesity in combination with the ongoing COVID-19 pandemic, qualify as extraordinary and compelling reasons warranting compassionate release.”

Regarding Cavely’s 3553(a) factors the court noted the amount of time that Cavelty has spent as well as his continued personal growth, having taken over 28 various classes and obtaining his GED, becoming a leather craft teacher for almost 10 years, working as a machine operator and volunteering to help other inmates through a Native American spiritual group and taking the RDAP program.

The court granted Cavely’s compassionate release and reduced his sentence to time served plus 14 days for him to quarantine.