United States v. Batiste

In United States v. Batiste, No. 23-30582 (5th Cir. Feb. 14, 2024) (unpublished), the Fifth Circuit affirmed the denial of Ellis Batiste’s motion for compassionate release even though he is terminally ill and has a “less-than-eighteen-month prognosis for survival.”

Since 2002, Batiste has been a paraplegic as the result of a gunshot wound, and he has also suffered from several chronic illnesses and other medical conditions. Nevertheless, while “wheelchair-bound, and while afflicted with serious medical issues, Batiste led a drug-trafficking organization … and dealt drugs from his bedside.” After he pled guilty in federal court, he received a below-Guideline sentence of 72 months in prison.

About 13 months after sentencing, Batiste sought compassionate release based on deterioration of his medical condition and his terminal prognosis. The district court denied that request based on the nature of the offense and the need to protect the public, both under 18 U.S.C. § 3553(a). The court also noted that it had originally given Batiste a reduced sentence based on those same health factors.

On appeal, the Fifth Circuit agreed with the district court that Batiste’s medical condition was sufficiently serious to constitute “extraordinary and compelling reasons” that made him eligible for compassionate relief. (The Government did not challenge that finding.)

Batiste lost, however, because “[c]ompassionate release is discretionary,” and Batiste had failed to convince the district court to exercise its discretion in light of the § 3553(a) factors. The Fifth Circuit repeated its earlier precedent that “[a]ll that is required is that the district court ‘sufficiently articulate’ its reasons for denying compassionate release and not base any necessary condition on a clearly erroneous assessment of the evidence.” If that happens, the Fifth Circuit will not reverse, even if it might reasonably have reached a different decision were it in the district court’s position.