govinfo:USCOURTS-ksd-6_16-cr-10018-5

IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF KANSAS 
 
 
 
UNITED STATES OF AMERICAN, 
 Plaintiff, 
 
 vs. No. 16-10018-1-JTM 
 
STEVEN R. HENSON, 
 Defendant. 
 
 
 
 
MEMORANDUM AND ORDER 
 
 This matter is before the court on defendant Steven Henson’s Motion for 
Compassionate Release pursuant to 18 U.S.C. § 3582(c)(1)(A). The defendant, who was 
convicted of fourteen counts of distributing or dispensing Class C prescription drugs in 
violation o f 21 U.S.C. § 841(a)(1) and (b)(1)(C) (including one count charging the 
distribution resulted death); two counts of conspiracy to engage is such unlawful 
distribution, money laundering, obstruction of a court order, and making a false 
writing, was sentenced in 2019 to life imprisonment. The present motion asks for release 
based on the danger to inmates from the covid-19 virus. 
 After the First Step Act, the decision of whether to permit compassionate release 
is not longer solely committed to the BOP. Howev er, the law still requires that the BOP 
be given the opportunity to review such requests before the court has the jurisdiction to 
consider any request. See United States v. Raia , 954 F.3d 594, 596 (3d Cir. 2020). Because 

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the defendant’s motion fails to show that this opportunity occurred, the court is without 
jurisdiction and dismisses the motion. 
 Additionally, the court would observe t hat, even it were to consider the matter 
on the merits, the defendant has failed to demonstrate extraordinary and compell ing 
circumstances justifying early release. Henson is under 60 years of age (Dkt. 417, a5 6), 
and cites no preexisting serious underlying medical conditions which would make him 
particularly at risk in the event he does contract the virus. Compassionate re lease based 
upon the covid -19 pandemic is not justified where the inmate lacks any special risk 
factors. See, e.g., United States v. Wright , 2020 WL 1976828, at *5 (W.D. La. Apr. 24, 
2020). 
 IT IS ACCORDINGLY ORDERED this day of July, 2020, that the de fendant’s 
Motion for Release (Dkt. 525) is hereby dismissed. 
 
 
 
 
 s/ J. Thomas Marten 
 J. Thomas Marten, Judge 
 

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