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United States v. Skelos

United States District Court for the Southern District of New York

April 12, 2020, Decided; April 12, 2020, Filed

15-CR-317 (KMW)

Opinion

OPINION AND ORDER

KIMBA M. WOOD, District Judge:

Defendant Dean Skelos has moved to modify his sentence under 18 U.S.C. § 3582 and the First Step Act, Pub. L. No. 115-391, 132 Stat. 5194 (Dec. 21, 2018). Defendant seeks compassionate release because his age, prediabetic condition, and other disabilities put him at unique risk of dying or suffering severe illness should he contract COVID-19. The Government opposes his motion. For the reasons set forth below, the Court DEFERS ruling on Defendant's motion.

I. BACKGROUND

On October 25, 2018, this Court sentenced Defendant to 51 months in prison, to be followed by one year of supervised release, as punishment for abusing his office as a New York State Senator in order to enrich his son, Adam Skelos. The imposition of this sentence followed a retrial, after the Second [*3]  Circuit overturned Defendant's original 2015 conviction. On retrial, as previously, a jury convicted him of eight counts of corruption charges.

Defendant self-surrendered on January 8, 2019. He is presently housed at the satellite camp at the Federal Correctional Institution in Otisville, New York ("FCI Otisville"). He is scheduled to be released on August 20, 2022.

On March 26, 2020, Defendant submitted an application to the Warden of FCI Otisville requesting that the Bureau of Prisons ("BOP") move on his behalf for compassionate release in light of the serious threats to his health posed by COVID-19. According to the Government, the Warden received the application on April 1, 2020. To date, the BOP has not taken any action on Defendant's application.

On March 30, 2020, Defendant moved to modify his sentence under 18 U.S.C. § 3582 and the First Step Act, Pub. L. No. 115-391, 132 Stat. 5194 (Dec. 21, 2018). The Government responded to the motion the following day. The Court conducted a telephone conference with the parties on April 3, 2020 and received supplemental submissions from Defendant and the Government on April 6, 2020 and April 7, 2020, respectively.

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2020 U.S. Dist. LEXIS 64639 *

UNITED STATES OF AMERICA v. DEAN SKELOS, Defendant.

Prior History: United States v. Skelos, 2015 U.S. Dist. LEXIS 142485 (S.D.N.Y., Oct. 20, 2015)

CORE TERMS

compassionate, required to exhaust, infection, exhaustion, inmates, courts, waive, circumstances, prison, defense motion, mortality rate, First Step Act, sentence