govinfo:USCOURTS-ared-4_16-cr-00021-6

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 guilty 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
1Doc. Nos. 105, 106. 
2Doc. Nos. 156, 158 
318 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. 

2 
 
 Before a Defendant may seek compassionat e 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 becau se 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.” 

3 
 
19 or of experiencing more intense symptoms than the average person are not 
extraordinary or compelling enough reasons for release.”6 While it may be considered 
with other factors, that is not an issue in this case. 
 Even if Defendant could establish ex traordinary 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 convictio ns 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). 

4 
 
Ultimately, Defendant was responsible for stealing and distributing thousands of 
prescription pills. 
CONCLUSION 
 For the reasons stated, Defendant’s Mo tion for Compassionate Release (Doc. No. 
191) and Motion to Amend or Supplement the Motion for Compassionate Release (Doc. 
No. 192)1 are DENIED. 
 IT IS SO ORDERED, this 1st day of June, 2021. 
 / s / S u s a n W e b b e r W r i g h t 
 UNITE D 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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