Order: Defendant Denis Casseus's motion for compassionate release — USA v. Casseus (Dkt. 75, M.D. Fla.)

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U.S. District Court for the Middle District of Florida · No. 2:23-cr-00009-TPB-KCD · Doc. 75 · 2024-03-19 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
MIDDLE DISTRICT OF FLORIDA 
FORT MYERS DIVISION 
 
UNITED STATES OF AMERICA  
 
 
v. 
 
 
 
 
 
 
 
Case No. 2:23-cr-9-TPB-KCD 
 
DENIS CASSEUS, 
 
                                                                                                                                                        
Defendant. 
__________________________________/ 
 
ORDER DENYING MOTION FOR COMPASSIONATE RELEASE 
 
This matter is before the Court on Defendant Denis Casseus’s motion for 
compassionate release, filed on January 24, 2024.  (Doc. 62).  On February 21, 2024, 
the Government filed its response. (Doc. 70).  After reviewing the motion, response, 
case file, and the record, the Court finds as follows: 
On October 20, 2023, the Court sentenced Defendant to 24 months’ 
imprisonment after he pleaded guilty to two count of bank fraud and one count of 
illegal monetary transaction.1  Defendant, who is now 45 years old, is currently 
incarcerated at FPC Pensacola in Pensacola, Florida, and he is projected to be 
released on August 22, 2025.   
The motion seeks to reduce Defendant’s sentence based on changed family 
circumstances.  Defendant seeks release under 18 U.S.C. § 3582(c)(1)(A), sometimes 
 
1 The charges were based on the submission of two fraudulent PPP loan applications to a 
financial institution seeking loans through the SBA on behalf of two purported businesses 
that Defendant claimed to the be president and registered agent of.  In total, Defendant’s 
false and fraudulent representations caused the approval of a total of $298,875.00 in PPP 
loans for the two businesses, which he transferred into a personal bank account and used to 
purchase real property located in Cape Coral, Florida.   
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referred to as “compassionate release.”  A district court is not free to modify a term 
of imprisonment once it has been imposed, except upon motion of the Director of the 
Bureau of Prisons (“BOP”); or upon motion by the defendant, after he has fully 
exhausted all administrative rights to appeal a failure of the BOP to bring a motion 
on his behalf, or 30 days has elapsed from receipt of such a request by the warden of 
the defendant’s facility, whichever is earlier.  18 U.S.C. § 3582(c)(1)(A); see also 
United States v. Celedon, 353 F. App’x 278, 280 (11th Cir. 2009).  To warrant a 
reduction of his sentence in this case, Defendant must present “extraordinary and 
compelling reasons.”  18 U.S.C. § 3582(c)(1)(A)(i).   
After reviewing the applicable law and facts presented here, the Court finds 
that Defendant is not entitled to relief because the motion fails to demonstrate any 
extraordinary and compelling reason warranting a modification of his sentence.2   
As an initial matter, it does not appear that Defendant has exhausted his 
administrative remedies.  This alone provides a basis to deny relief.  Another more 
significant issue is that this motion does not appear to have actually been filed by 
Defendant.  Instead, his partner and codefendant – Ismaelle Manuel – signed the 
motion for compassionate release and filed it herself.  In a letter attached to the 
motion, Ms. Manuel acknowledges that she is submitting the motion and the 
 
2 In USSG § 1B1.13, the Sentencing Commission has set specific examples of “extraordinary 
and compelling reasons” that may qualify a defendant for compassionate release, including: 
(1) the defendant suffers from a terminal illness or a serious physical or medical condition 
that substantially diminishes his ability to provide self-care and from which the defendant 
is not expected to recover; (2) the defendant is at least 65 years old and experiencing a 
serious deterioration in his physical or mental health, and he has served at least 10 years 
or 75% of his prison sentence; (3) particular family circumstances; and (4) other reasons as 
determined by the BOP.   
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proposed release plan.  The motion was not brought by Defendant, and he cannot be 
represented by his partner, who is not a lawyer.  Ms. Manuel should avoid 
engaging in the unauthorized practice of law, which is a separate crime in 
the state of Florida, by filing motions on behalf of other people.  See § 
454.23, F.S. (unauthorized practice of law is a third-degree felony). 
Even if the Court were to consider the alleged changed family circumstances, 
however, the Court would not grant relief.  The motion (filed by Ms. Manuel) 
indicates that the caregiver of the defendant’s minor children (the same person – 
Ms. Manuel) has become incapacitated, and Defendant is the only available 
caregiver, because Ms. Manuel is unable to withstand her mental health issues 
while working and caring for their five children.3  “[L]oved ones are often adversely 
impacted by a family member’s incarceration, and must make necessary and 
inconvenient life adjustments during that individual’s incarceration.  These often-
unavoidable consequences, however, do not create extraordinary circumstances[.]”  
United States v. Gonzalez, No. 17-cr-60333-BLOOM, 2021 WL 4066897, at *5 (S.D. 
Fla. Sept. 7, 2021).   
Although Ms. Manuel may be facing challenges, there has been no showing 
that she is incapacitated and there are no other available caregivers.  In fact, the 
proposed release plan has Ms. Manuel taking a leading role in assisting Defendant 
 
3 The Court notes that as part of Ms. Manuel’s sentence, the Court ordered her to 
participate in a mental health treatment program (outpatient or inpatient) and follow the 
probation officer’s instructions.  See United States v. Manuel, No. 2:23-cr-3-TPB-KCD, Doc. 
67 at 5 (M.D. Fla). 
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as he transitions back to society after being release.4  In addition, Ms. Manuel 
states that one of their adult children will also be able to offer assistance, 
demonstrating that Defendant is not the only available caregiver.  See United States 
v. Streeter, No. 3:18-cr-76-TJC-LLL, 2023 WL 130751, at *2 (M.D. Fla. Jan. 9, 2023) 
(Corrigan, J.) (noting that courts often consider whether the inmate is the only 
feasible caretaker and collecting cases).   
The Court also considered the caretaking issues at sentencing when 
imposing a very generous, “below guideline” sentence of time served, with 
five years of supervised release, for Ms. Manuel, which allowed a parent to 
remain with the four minor children.5   
Finally, even if there was an extraordinary or compelling reason for 
compassionate release, the applicable Section 3553(a) factors weigh against 
granting compassionate release in this case.6  Defendant was convicted of a serious 
offense, and he has served a very small portion of his sentence (around three 
months of his twenty-four month sentence).  Considering Defendant’s history and 
 
4 Ms. Manuel indicates that she secured a job as a med tech/CAN, that she will be starting 
classes in a business administration program in March 2024, and that she will be able to 
help with childcare duties, such as taking her son to school. 
5 Ms. Manuel had a total offense level of 18, criminal history category of I, with a guideline 
range of 27-33 months incarceration.  See Manuel, 2:23-cr-3-TPB-KCD (M.D. Fla).   
6 In USSG § 1B1.13, the Sentencing Commission has set specific examples of “extraordinary 
and compelling reasons” that may qualify a defendant for compassionate release, including: 
(1) the defendant suffers from a terminal illness or a serious physical or medical condition 
that substantially diminishes her ability to provide self-care and from which the defendant 
is not expected to recover; (2) the defendant is at least 65 years old and experiencing a 
serious deterioration in her physical or mental health, and she has served at least 10 years 
or 75% of her prison sentence; (3) particular family circumstances; and (4) other reasons as 
determined by the BOP.   
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characteristics, and given the seriousness of Defendant’s crime, denying the motion 
promotes respect for the law, affords adequate deterrence, and continues to provide 
just punishment for the offense.  Consequently, the motion for compassionate 
release is hereby DENIED. 
DONE AND ORDERED in Chambers, in Fort Myers, Florida, this 19th day 
of March, 2024. 
 
 
TOM BARBER 
UNITED STATES DISTRICT JUDGE  
 
Case 2:23-cr-00009-TPB-KCD   Document 75   Filed 03/19/24   Page 5 of 5 PageID 365

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