First Step Act Violation – Motion for Compassionate Release

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7^th Circuit Court of Appeals

Case Name: United States of America v. David A. Bridgewater

Case No.: 20-2413

Officials: SYKES, Chief Judge, and WOOD and HAMILTON, Circuit Judges.

Focus: First Step Act Violation – Motion for Compassionate Release

In his plea agreement, defendant David Bridgewater waived the right to seek any modification of his sentence. Nonetheless, in light of the current pandemic, Bridgewater filed in the district court a motion for compassionate release under the First Step Act of 2018, as codified in 18 U.S.C. § 3582(c)(1)(A). He seeks release based on medical conditions that he says make him vulnerable to serious illness or death from the spread of COVID-19 in prison. Bridgewater argues that his plea waiver does not bar this motion because the waiver does not cover compassionate release, was not voluntary, and, in any event, should be unenforceable under contract-law principles of public policy and unconscionability. The district court rejected these arguments. We dismiss the appeal. Bridgewater’s knowing and voluntary waiver of the right to seek compassionate release under the First Step Act is enforceable.

Dismissed

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Derek A Hawkins is Associate Corporate Counsel, IP at Amazon.