Judge frees 66-year-old diabetic man from FCI Lompoc (2021)

A federal judge in California reduced David Sun’s sentence to time served so he could go home to his family. Sun, 66, has diabetes and other health problems, and the court found the prison could not safely meet his medical needs during COVID-19.

May 14, 2021

United States v. David Sun

United States District Court for the Eastern District of California

2021 U.S. Dist. LEXIS 91791

A second chance granted for life outside prison walls.

His case

For at least six years, from 2010 to 2016, David Sun ran a commercial truck driving school. He helped his students get around written testing requirements and get illegal learner’s permits in exchange for cash.

He also helped students get commercial driver’s licenses even though they failed the required driving tests. As a result, his students drove large commercial trucks across the country without ever passing the required tests.

In September 2019, a jury found Sun guilty of:

• One count of conspiracy to commit unauthorized access of a computer and to commit identity fraud
• Eight counts of production of identity documents without lawful authority
• One count of conspiracy to produce identification documents without lawful authority

On December 19, 2019, he was sentenced to thirty-seven months in prison and thirty-six months of supervised release.

His health

Sun, 66, had served just under fifteen months of his 37-month sentence at FCI Lompoc. He has high blood pressure (hypertension), type II diabetes and high cholesterol (hyperlipidemia). He also has a history of smoking and takes prescription medicine that weakens his immune system.

Because of these conditions, Sun asked for compassionate release. He argued that he was at high risk of severe illness if he caught COVID-19 in prison.

Conditions at Lompoc

Sun made a strong case. FCC Lompoc was at one point the site of one of the worst COVID-19 outbreaks in the prison system.

A September 2020 report by Dr. Homer Venters, written in response to an order in Torres v. Milusnic, described poor social distancing, poor testing and screening of people in custody, and too few healthcare staff. The report also found that “timely access to sick call and chronic care” was lacking. That created a special danger for Sun because of his ongoing health needs.

The government responded that infection rates at FCC Lompoc had dropped a lot since the large outbreak that led to the Venters report, and that many people there had been vaccinated. In fact, when Sun filed his motion, there were zero active COVID-19 cases at FCI Lompoc. But Sun had not been vaccinated, and the government could not say when he might be offered a vaccine.

Sun also argued that the BOP could not properly care for his specific health conditions. For example, he developed a severe rash in September 2020 that had not gone away. He needs two insulin shots twice a day for his diabetes, which requires him to “stand in line to receive his medications twice a day in conditions that the Venters’ Report described as not adequately following social distancing protocols.” The government did not respond to or dispute these claims.

His plan for home

Sun planned to live with his wife and two children in their house in Davis, California. His wife would provide his health insurance through her job. He also had the support of his church group and family.

Why the judge said yes

The court noted that his crime, while serious, was nonviolent, and that he had no prior criminal history. It found that his age (66), the three-year term of supervised release still ahead of him, and his release plan all reduced any danger his release might pose to the community.

Weighing all of these factors, the court reduced Sun’s sentence to time served. That allowed him to return home to the care of his own doctors and the love and support of his family.

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