Appeal from the United States District Court
for the Northern District of Ohio at Cleveland.
No. 1:14-cr-00391-1—Patricia A. Gaughan, District Judge.
Decided and Filed: February 2, 2021
Before: CLAY, READLER, and MURPHY, Circuit Judges.
CHAD A. READLER, Circuit Judge. Scott Eric Sherwood appeals the district court’s
denial of his motion seeking compassionate release under 18 U.S.C. § 3582(c)(1)(A).
Sherwood’s motion is one of a wave of COVID-19-related compassionate release requests
confronting the district courts. While perhaps not always easing that burden, we have offered
direction as to how district courts should analyze these requests. Of that evolving body of case
law, we recently held that the policy statement in U.S.S.G. § 1B1.13 is no longer an independent
basis upon which a district court may deny a defendant-filed motion for release. See United
States v. Elias, 984 F.3d 516, 519 (6th Cir. 2021). And where a district court relies on that
ground as the sole basis for denying relief, we must remand the case for further consideration.
See United States v. Hampton, --- F.3d ---, No. 20-3649, 2021 WL 164831, at *1 (6th Cir. Jan.
19, 2021); see, e.g., Order, United States v. Taylor, No. 20-2077, at *2 (6th Cir. Jan. 22, 2021).
Because Sherwood was denied relief exclusively due to his failure to satisfy § 1B1.13(2)’s
requirement that a defendant not be a danger to the community, we reverse and remand this case
to the district court for application of the remaining § 3582(c)(1)(A) factors.