Case 1:17-cr-00034-JRH-BKE Document 341-1 Filed 04/10/20 Page 1 of 26 Proclamation on Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak Case 1:17-cr-00034-JRH-BKE Document 341-1 Filed 04/10/20 Page 2 of 26 Governor Abbott Declares State of Disaster In Texas Due To COVID-19 Worst-Case Estimates for U.S. Coronavirus Deaths see also Fauci Estimates That 100,000 To 200,000 Americans Could Die From The Coronavirus White House Announces New Social Distancing Guidelines Around Coronavirus Recommendation Regarding the Use of Cloth Face Coverings, Especially in Areas of Significant Community-Based Transmission Case 1:17-cr-00034-JRH-BKE Document 341-1 Filed 04/10/20 Page 3 of 26 See See See See See Id. See Case Document 341-1 Filed 04/10/20 Page 4 of 26 is aware, this was not a Wikileaks-like ?dump? of massive amounts of sensitive data, nor was it a disclosure of military secrets to a foreign intelligence service.12 It was, as Reality has admitted, a naive attempt to ?change things,? in which she abused her security clearance and ran afoul of federal law -- an act which she acknowledges was criminally wrong. 13 For her mistake, the Court sentenced Reality to the stipulated sentence of sixty-three (63) months.14 As of today?s date, Reality has served over thirty-four (34) months of her sentence as of the ?ling of this motion. Under 18 U.S.C. 3624(b), she calculates approximately twenty (20) months remain on her term. By ?ling this Motion, Reality respectfully requests she receive relief from the extraordinary circumstances COVID-19 presents under the recent amendments to 18 U.S.C. 3582(c)(1)(A)(i) via the First Step Act.15 On or about April 8, 2020, Reality submitted a written request to the Warden of FMC Carswell in Ft. Worth, Texas, asking that he Petition the Bureau of Prisons for a reduction of her sentence under 18 U.S.C. As of the date of this ?ling, to Reality?s knowledge, the Warden has not ?led a Petition with the BOP on Reality?s behalf nor has he responded to Reality?s request. Because of the recent amendments to Section the Court has jurisdiction to consider this request and may reduce Reality?s sentence, and indeed, modify it by releasing her and permitting her to ?nish her sentence on home con?nement, for the reasons set forth below.16 Now, by and through counsel, Reality asks this Court to commute her sentence to home con?nement so that she may carry out the balance of her term under the care of her family, and 12 See id. at p.10. 13 Id. at p.13-14. 14 See ECF NO. 327. 15 First Step Act, Pub. L. No. 115-391, 132 Stat. 5194 (2018). 16 See PL. 115-391, 132 Stat. 5194 603 (Dec. 21, 2018). 4 Case 1:17-cr-00034-JRH-BKE Document 341-1 Filed 04/10/20 Page 5 of 26 United States v. Brown ee also United States v. Redd Case 1:17-cr-00034-JRH-BKE Document 341-1 Filed 04/10/20 Page 6 of 26 United States v. Young Id. See See, e.g. United States v. Maumau Case 1:17-cr-00034-JRH-BKE Document 341-1 Filed 04/10/20 Page 7 of 26 See United States v. Urkevich United States v. Beck See, e.g., United States v. Willingham United States v. Lynn, United States v. Beck United States v. Brown Fox See Willingham See Beck United States v. United States v. Redd United States v. Young United States v. Maumau Fox Case 1:17-cr-00034-JRH-BKE Document 341-1 Filed 04/10/20 Page 8 of 26 every motion never See infra Willingham See Case 1:17-cr-00034-JRH-BKE Document 341-1 Filed 04/10/20 Page 9 of 26 ever decided all penalizing See Case 1:17-cr-00034-JRH-BKE Document 341-1 Filed 04/10/20 Page 10 of 26 Hearing on Compassionate Release and the Conditions of Supervision Before the U.S. see also See, e.g. Fox Beck United States v. Lisi Case 1:17-cr-00034-JRH-BKE Document 341-1 Filed 04/10/20 Page 11 of 26 [u]pon motion of the Director of the [BOP . . . the court may reduce a term of imprisonment under this policy statement may be granted only upon motion by the Director of the [BOP] Beck Ross v. Blake Case 1:17-cr-00034-JRH-BKE Document 341-1 Filed 04/10/20 Page 12 of 26 Ross v. Blake until such Ross Id. Id. Ross Ross Id. see also Woodford v. Ngo Id. Case 1:17-cr-00034-JRH-BKE Document 341-1 Filed 04/10/20 Page 13 of 26 have See Georgia by & through Georgia Vocational Rehab. Agency v. United States by & through Shanahan Id. see also McCarthy v. Madigan Case 1:17-cr-00034-JRH-BKE Document 341-1 Filed 04/10/20 Page 14 of 26 infra See also Bowen v. City of New York Abbey v. Sullivan New York v. Sullivan Case 1:17-cr-00034-JRH-BKE Document 341-1 Filed 04/10/20 Page 15 of 26 WHO Characterizes COVID-19 as a Pandemic Case 1:17-cr-00034-JRH-BKE Document 341-1 Filed 04/10/20 Page 16 of 26 Id. Coronavirus Disease 2019 and Eating Disorders See, e.g. See See , supra. Case 1:17-cr-00034-JRH-BKE Document 341-1 Filed 04/10/20 Page 17 of 26 Government Executive Id. See Id. Id. See see also Case 1:17-cr-00034-JRH-BKE Document 341-1 Filed 04/10/20 Page 18 of 26 See Federal Inmates as Sick Staff, Inmate Transfers, and No Tests: How the U.S. Is Failing Coronavirus Hits Vice News Id. Chinese Jails Have Become Hotbeds of Coronavirus As More Than 500 Cases Have Erupted, Prompting the Ouster of Several Officials, Business Insider See Coronavirus Puts a Prison Under Siege Case Document 341-1 Filed 04/10/20 Page 19 of 26 prison population like it has done at FCI Butner (44 inmates, 16 staff positive), FCI Danbury (36 inmates, 15 staff positive), FCI Oakdale (36 inmates, 14 staff positive, 5 dead), etc.70 These are just the con?rmed case numbers reported on the BOP website. Notably, and logically, they are increasing each day as additional test results come in on a delay. The best chance that Reality has to weather this pandemic is to be released and be permitted to live with her family in rural Texas, where she can appropriately ?shelter in place? and avoid interacting with others. Congress and the Department of Justice are increasingly recognizing the danger of outbreaks in prisons and encouraging steps to release some inmates where appropriate. Indeed, Attorney General William Barr has directly addressed the extreme vulnerability of the men and women in the federal prison system by issuing his March 26, 2020 Memorandum to the Bureau of Prisons, which speci?cally encourages the Bureau of Prisons to transfer inmates to home con?nement, where appropriate. A true and correct copy of Attorney General William Barr?s Memorandum, dated March 26, 2020, is attached hereto as Exhibit 4. And on April 6, 2020, he issued a Memorandum to Heads of Department Components and All United States Attorneys, mandating that While resolving pre-trial detention issues, all prosecutors must consider the medical risks associated with individuals being remanded into federal custody during the COVID-19 pandemic. A true and correct copy of Attorney General William Barr?s Memorandum, dated April 6, 2020, is attached hereto as Exhibit 5. The Court can infer from these Memorandums that a deference should be given to home con?nement, when possible and when appropriate, as it is here. 70 See Federal Bureau of Prisons, COVID-19 Cases, (last accessed on April 9, 2020). 19 Case 1:17-cr-00034-JRH-BKE Document 341-1 Filed 04/10/20 Page 20 of 26 United States v. Hernandez United States v. Rodriguez United States v. Wilson Perez United States v. Gonzalez Hernandez citing see Rodriguez Perez United States v. Campagna Gonzalez Case 1:17-cr-00034-JRH-BKE Document 341-1 Filed 04/10/20 Page 21 of 26 United States v. Williams United States v. Garcia United States v. Edwards United States v. West United States v. Powell United States v. Copeland United States v. Huneeus United States v. Resnick United States v. Hernandez United States v. Barkman See et al. Case Document 341-1 Filed 04/10/20 Page 22 of 26 accepted responsibility for her conduct, and having served nearly three (3) years of her sentence, any risk to the community that may have existed previously no longer exists. Importantly, Reality has been evaluated by several physicians, who have all concluded that Reality is not a danger to herself or others.74 Notes from every single visit/evaluation received by counsel con?rm that Reality?s physicians have never been concerned about danger to herself or the community.75 Indeed, this is consistent with the comprehensive evaluation and report of Dr. Adrienne Davis.76 Moreover, in both the pre-trial detention context and at sentencing, people close to Reality have reiterated these points to the Court and that Reality will have incredible support upon her release. For example, below are excerpts taken from letters of support submitted to this Honorable Court: Brittany Winner (Reality?s Sister): ?She calls me almost every day and we write to each other often. I am a huge part of her support system, and she is a huge part of mine. I will continue to support her during the transition to this new chapter of her life, and I am wholeheartedly prepared to take on a much larger role if necessary in the future.? Billie Davis Winner (Reality?s Mother): ?Those who know her know that she is not a danger in any way to anyone. . . .We have rearranged everything in our lives to support her and we will continue to do so. My husband and I have already begun planning to build or move a small home unto a section of our property here in Texas, for her to live upon release. Our family and friends continue to be very supportive and will always assist Reality in any way possible.? 74 See true and correct copies of attached hereto as Exhibit Case 1:17-cr-00034-JRH-BKE Document 341-1 Filed 04/10/20 Page 23 of 26 supra See see also See id. see also Case Document 341-1 Filed 04/10/20 Page 24 of 26 (6) the need. tdaalSdid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar The statute also mandates: ?The court shall impose a sentence suf?cient, but not greater than necessary, to comply with the purposes set forth in paragraph Reality?s Sentencing Memorandum, ECF No. 321, addressed Section 3553?s factors at length. For sake of brevity, she will summarize the application of those factors here. But, she attaches the complete discussion from her Sentencing Memorandum hereto as Exhibit 10, should the Court wish to revisit that analysis in full. The ?rst factor is ?the nature and circumstances of the offense and the history and characteristics of the defendant.?82 As stated above, Reality?s singular offense was an unfortunate act in an otherwise commendable life of service. While her offense did involve a matter of national security, it was non-violent and involved a single document of classi?ed material, not a disclosure analogous in size to the Pentagon Papers or Wiki Leaks. She has shown good conduct over the course of serving her sentence and while in service to her country. Those nearest her vouch for her character. The second factor is the need for the sentence imposed to serve the enumerated purposes of punishment.83 The court should ?impose a sentence suf?cient, but not greater than necessary, to comply with [these] purposes.?84 Reality has served nearly three years of her ?ve years sentence, most of the original sentence imposed. Three years is a long time?long enough to re?ect the seriousness of the offense, promote respect for the law, provide just punishment for the offense, afford adequate deterrence to criminal conduct, and protect the public from further crimes of Reality. Indeed, a three 8018 U.S.C. 3553(a). 811d. 82 Id. ?3553(a)(1). 83 Id. at 3553(a)(2). 84 Id. at 3553(a). 24 Case 1:17-cr-00034-JRH-BKE Document 341-1 Filed 04/10/20 Page 25 of 26 worse /s/ Joe D. Whitley Pro Hac Vice See See See, e.g. Case 1:17-cr-00034-JRH-BKE Document 341-1 Filed 04/10/20 Page 26 of 26 Pro Hac Vice Pro Hac Vice /s/ Joe D. Whitley