Judge denies inmate request for compassionate release over COVID-19 concerns

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A federal judge has denied a prison inmate’s request to be freed because of the COVID-19 pandemic.

The inmate has already had COVID-19 and recovered fully, and has also received a vaccination.

Defendant Daryl Session filed a one-page motion in U.S. District Court in Rochester seeking compassionate release based on concerns about the COVID-19 virus.

Government lawyers filed a response opposing the motion and the Probation Office for the Western District of New York has filed a report on Session and conditions at the facility where he is incarcerated — Schuylkill Federal Correctional Institution, in Schuylkill County, Penn.

“The motion is denied,” U.S. District Court Judge David G. Larimer wrote in the decision filed Tuesday.

Session pleaded guilty without any plea arrangement to three counts involving distribution of narcotics and possession of a firearm in furtherance of a drug trafficking crime.

Session hired another person to kill several individuals, which led to one murder, according to court papers.

On Dec. 5, 2008, Session was sentenced to a term of 33 years in prison. The conviction and sentence were affirmed on appeal.

Session sought compassionate release administratively with Bureau of Prisons officials. That request was denied, which led to Session seeking release from the court.

Inmates seeking release have the burden of establishing “extraordinary and compelling reasons” to grant release.

“It is clear that merely referencing the existence of the COVID-19 pandemic is not sufficient. That is true even if there are some confirmed cases of the virus at the institution where the inmate is housed,” Larimer wrote.

Session, 48, claims he suffers from Type II diabetes, hypertension and high cholesterol. But there are no medical restrictions on him at the facility and he has been designated as a Medical Care Level 2, a status requiring only quarterly clinical evaluations, according to the decision.

“Apparently, there are no medical restrictions on Session and he has been cleared to perform all necessary activities,” Larimer wrote.

Session has already contracted COVID-19 and recovered “without incident,” according to the decision.

“The fact that defendant contracted the disease without significant impact undercuts his contention that there are compelling and extraordinary circumstances to warrant release,” Larimer wrote.

He also noted that Session also received a COVID vaccine.

“This vaccine has been deemed effective and is widely used. The fact that Session has contracted the virus without significant impact and in light of the fact that he has been vaccinated, his risk of further infection seems quite minimal,” Larimer wrote.

According to a report from the probation office, there are no inmates at Schuylkill who have currently tested positive for the COVID-19 virus. In addition, the Bureau of Prisons has taken steps at Schuylkill to reduce the spread of the virus, Larimer wrote.

In addition to the medical factors, other issues swayed Larimer away from releasing Session.

He was convicted of a serious narcotics offense and a firearms violation, and received a very lengthy sentence, which he has only partially served, Larimer wrote.

“The conduct underlying the convictions included a murder-for-hire scheme, which unfortunately resulted in the death of another individual. As the government notes in its response, at the time Session was sentenced, he had accumulated four prior felony convictions, and because of the prior record and drug quantity, faced a mandatory minimum (20-year) sentence,” Larimer wrote.

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