Rehabilitation Efforts lead to successful release

April 20, 2021

 

United States Crim. Action No. v. Roper

United States District Court for the Western District of Virginia, Harrisonburg Division

2021 U.S. Dist. LEXIS 74820

 

Judge grants compassionate release based on rehabilitation efforts and health conditions

 

On August 26, 2009, a jury convicted Delante Roper of conspiracy to distribute five grams or more of cocaine base, distribution of cocaine base, and possession with intent to distribute

cocaine base. He was sentenced to a total term of imprisonment of 360 months, with 240 months to be served concurrently, a sentence that was ultimately reduced to 262 months, and after a subsequent motion, further reduced to time served for the cocaine charge and 60 months for a firearm conviction. These reductions were based largely on Roper’s good behavior and his rehabilitation efforts while in prison via coursework.

Roper filed for compassionate release, arguing that his pre-existing medical conditions combined with the COVID-19 situation provided extraordinary and compelling grounds for compassionate release. The judge ultimately agreed with Roper, finding that his medical concerns, “when coupled with [his] outstanding rehabilitative efforts,” warranted a further reduction. In addition to suffering from obesity, Roper has been diagnosed with hepatitis B, pre-diabetes, and osteoarthritis. Additionally, Roper has a plan upon release; he intends to live with his grandmother in Richmond, Virginia. Roper’s request was granted and his sentence was reduced to time served (Rehabilitation Efforts ).