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Home Source documents Court filing — D. Kan. No. 6:21-cr-10073 (Dkt. 285, D. Kan.)

Court filing — D. Kan. No. 6:21-cr-10073 (Dkt. 285, D. Kan.)

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      Case 6:21-cr-10073-EFM           Document 285         Filed 07/11/25      Page 1 of 34




Michael R. Capps (Fed. Reg. No. 66142-509)
Federal Prison Camp - Florence
P. O. Box 5000
Florence, CO 81226

Inmate, Pro Se


                        IN THE UNITED STATES DISTRICT COURT
                                 DISTRICT OF KANSAS


 UNITED STATES OF AMERICA,                          Case No.       22-CR-10073-EFM

         Plaintiff,
                                                    SECOND MOTION FOR REDUCTION IN
 v.                                                 SENTENCE PURSUANT TO 18 U.S.C. §
                                                    3582(C)(1)(A)(I)
 MICHAEL R. CAPPS,

         Defendant.
                                                    (VERIFIED)


                                  I.   EXECUTIVE SUMMARY

       Mr. Michael R. Capps seeks immediate conversion of his remaining sentence to supervised

release due to a life-threatening cardiovascular crisis that has developed since this Court's February

2025 denial of his initial motion. Three critical developments compel relief:

       Medical Emergency. Mr. Capps now faces hypertensive crisis with blood pressure

readings of 188/122 mmHg—exceeding clinical thresholds requiring emergency intervention to

prevent stroke or cardiac arrest. This crisis developed despite maximum pharmaceutical treatment

and results from severe sleep apnea (AHI 129.1 events/hour, oxygen drops to 52%) that cannot be

treated following destruction of his CPAP device and institutional barriers preventing replacement.

       Institutional Inadequacy. FPC Florence has demonstrated systematic inability to provide

specialized care required for Mr. Capps' service-connected conditions. In contrast, his VA




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treatment progress documentation demonstrates comprehensive medical management and

monitoring of these same conditions prior to incarceration (Exhibit 8). Recent federal court

decisions at this facility (United States v. Bovis, March 2025; United States v. Paradis, January

2025) document a pattern of judicial intervention for inadequate medical care. Contemporary

inmates report similar medical record falsification and diagnostic failures during the same

timeframe as Mr. Capps' crisis.

       Minimal Punishment Impact. Mr. Capps is already eligible for community custody as of

April 26, 2025. The requested relief would not materially reduce his punishment but would ensure

constitutionally adequate medical care through Department of Veterans Affairs coordination

during his remaining sentence.

       The objective medical evidence—documented cardiovascular deterioration from Stage 2

hypertension in March to crisis levels in June—satisfies U.S.S.G. § 1B1.13(b)(1)(C) requirements

and § 3553(a) factors supporting relief.




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                                                  TABLE OF CONTENTS

I. EXECUTIVE SUMMARY ........................................................................................................ 1
 II. PROCEDURAL BACKGROUND AND EXHAUSTION OF REMEDIES ........................... 4
III. LEGAL STANDARD .............................................................................................................. 4
 IV. EXTRAORDINARY AND COMPELLING CIRCUMSTANCES .................................. 5
    A. Life-Threatening Medical Crisis Requiring Specialized Care .............................................. 5
       1. Progressive Cardiovascular Deterioration ......................................................................... 6
       2. Medical Literature and Expert Standards .......................................................................... 6
       3. Institutional Inability to Provide Adequate Care ............................................................... 7
       4. Contrast with Pre-Incarceration Medical Management ..................................................... 8
    B. Institutional Inability to Provide Adequate Medical Care .................................................... 8
       1. Operational Barriers to Effective Medical Care ................................................................ 8
      2. Recognition of Inadequate Care ......................................................................................... 9
      3. Systemic Resource Constraints and Budget-Driven Constitutional Violations ............... 10
       4. Comparison with Proven Treatment Capabilities ............................................................ 12
      5. Institutional Acknowledgment of Limitations and Congressional Deception …………. 12
    C. Prison Falsification of Medical Records ............................................................................. 14
      1. Evidence of Medical Record Falsification ....................................................................... 14
      2. Pattern of Administrative Record Tampering: The Payne Evidence ............................... 14
      3. Legal Significance Under Constitutional Law ................................................................. 15
       4. Remedy Through Judicial Intervention ........................................................................... 16
    D. Other Factors Supporting Relief Under § 1B1.13(b)(5) ..................................................... 17
       1. Exceptional Rehabilitation Efforts and Programming Completion ................................. 17
      2. Systematic Denial of Mental Health Treatment for Service-Connected PTSD ............... 18
      3. Institutional Acknowledgment of Inadequate PTSD Treatment ...................................... 18
       4. Systematic Violation of BOP Policy Requirements for Veteran-Specific Care .............. 20
      5. Dangerous Medication Withdrawal Without Medical Supervision ................................. 21
      6. Synergistic Risks from Testosterone Withdrawal ............................................................ 22
       7. Combination of Circumstances Creating Urgent Need for Relief ................................... 25
V. CONSISTENCY WITH § 3553(a) SENTENCING FACTORS ....................................... 25
    A. Nature and Circumstances of the Offense and Defendant's Characteristics ....................... 25
    B. Adequate Punishment and Deterrence Already Achieved .................................................. 26
    C. Need to Provide Medical Care in the Most Effective Manner ............................................ 27
    D. Public Safety Considerations .............................................................................................. 28
    E. Prevention of Disproportionate Punishment ....................................................................... 28
VI. CONCLUSION ...................................................................................................................... 29
 PRAYER FOR RELIEF .............................................................................................................. 31
EXHIBIT LIST ............................................................................................................................ 33



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                       II. PROCEDURAL BACKGROUND AND
                    EXHAUSTION OF ADMINISTRATIVE REMEDIES

        Mr. Capps was sentenced on May 11, 2023, to 27 months' imprisonment followed by two

years of supervised release. After exhausting his direct appeal, he surrendered to FPC Florence on

December 31, 2024. On February 14, 2025, this Court properly denied his initial motion for

compassionate release, finding insufficient evidence of extraordinary and compelling

circumstances after just 45 days of incarceration.

        Assuming arguendo, the prior exhaustion does not apply, Mr. Capps has satisfied the

administrative exhaustion requirements of 18 U.S.C. § 3582(c)(1)(A)(i). On March 25, 2025, he

submitted a formal request for compassionate release to the Warden of FPC Florence, documenting

the medical circumstances detailed in this motion. The Warden denied this request on April 7,

2025.

                                  III.     LEGAL STANDARD

        Under 18 U.S.C. § 3582(c)(1)(A), this Court may reduce a term of imprisonment upon

finding: (1) extraordinary and compelling reasons warrant reduction; (2) such reduction is

consistent with Sentencing Commission policy statements; and (3) reduction is consistent with §

3553(a) factors. United States v. McGee, 992 F.3d 1035, 1042-43 (10th Cir. 2021).

        The recently amended and broadened Sentencing Guidelines recognize circumstances as

being extraordinary and compelling when a defendant is "suffering from a medical condition that

requires long-term or specialized medical care that is not being provided and without which the

defendant is at risk of serious deterioration in health or death." U.S.S.G. § 1B1.13(b)(1)(C). This

provision addresses circumstances where institutional medical capabilities are insufficient to

manage complex conditions requiring specialized intervention.



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       The statute also grants district courts broad discretion in fashioning appropriate relief,

including conversion of remaining imprisonment to supervised release with appropriate

conditions. 18 U.S.C. § 3582(c)(1)(A).

           IV.     EXTRAORDINARY AND COMPELLING CIRCUMSTANCES

                    Application of U.S.S.G. § 1B1.13(b)(1)(C) Policy Statement

       Mr. Capps' circumstances fall within the Sentencing Guidelines policy statement at

U.S.S.G. § 1B1.13(b)(1)(C), which recognizes as extraordinary and compelling when a defendant

is "suffering from a medical condition that requires long-term or specialized medical care that is

not being provided and without which the defendant is at risk of serious deterioration in health or

death." This standard does not require that a defendant be terminally ill. The policy statement

establishes a two-part test: (1) the defendant requires specialized medical care that is not being

provided, and (2) without such care, the defendant faces risk of serious health deterioration. Both

elements are satisfied here.

                 A. Life-Threatening Medical Crisis Requiring Specialized Care

       Mr. Capps suffers from severe obstructive sleep apnea documented by sleep study results

showing an Apnea-Hypopnea Index of 129.1 events per hour—a rate more than twenty times the

threshold for severe sleep apnea (Exhibit 1). During these episodes, his oxygen saturation drops to

52%, creating repeated cycles of oxygen deprivation that place extraordinary stress on his

cardiovascular system (Exhibit 1). This condition requires continuous positive airway pressure

(CPAP) therapy to maintain adequate oxygenation during sleep.

       The medical emergency began on March 12, 2025, when a corrections officer deliberately

destroyed Mr. Capps' CPAP mask during a unit search (Exhibit 2, Exhibit 4, ¶¶25-27). Despite

immediate requests for replacement equipment documented in multiple inmate request forms




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(Exhibit 2), institutional barriers have prevented consistent CPAP therapy for over three months.

The facility's medical sick call operates only during a restrictive 30-minute window (0700-0730

hours) on a first-come, first-served basis (Exhibit 26), creating insurmountable obstacles for

inmates requiring urgent equipment replacement or complex medical consultation. To be clear:

despite public representations, FPC Florence (with 311 inmates as of July 11, 2025) regularly

offers only one sick call window, one time per week, for all inmates. BOP Health Services at the

lion camp generally does not read or reply to electronic cop-outs, and paper cop-outs are rejected

with instructions to attend sick call. This amounts to 311 inmates competing for roughly 6 second

windows of attention each week to address all medical issues.

                         1. Progressive Cardiovascular Deterioration

       Objective blood pressure monitoring documents dangerous progression since this Court's

February denial, with crisis escalating through June 2025 (Exhibit 24):

         Date            Blood Pressure           Clinical Significance
 March 17, 2025          178/98 mmHg              Stage 2 hypertension
 March 19, 2025          182/91 mmHg              Continued elevation
 March 28, 2025          199/108 mmHg             Approaching crisis threshold
 June 11, 2025           188/122 mmHg             Hypertensive crisis
 June 25, 2025           196/97 mmHg              Sustained crisis levels
 June 26, 2025           198/104 mmHg             Continued emergency
 June 27, 2025           202/106 mmHg             Severe Hypertensive Emergency
 June 28, 2025           197/104 mmHg             Persistent Crisis
 June 29, 2025           206/102 mmHg             Life-threatening levels

       These readings demonstrate sustained hypertensive crisis over multiple weeks, with

systolic pressures exceeding 200 mmHg—levels requiring immediate emergency intervention to

prevent stroke or cardiac arrest (Exhibit 29). This crisis persists despite maximum dual therapy

with Lisinopril 40mg and Amlodipine 5mg daily (Exhibit 19), demonstrating that pharmaceutical



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treatment alone cannot address his underlying sleep disorder and that institutional care cannot

manage Mr. Capps' medical condition.

                          2. Medical Literature and Expert Standards

       Mr. Capps' blood pressure readings exceed established emergency thresholds. The 2017

American College of Cardiology/American Heart Association Hypertension Guidelines define

hypertensive crisis as blood pressure ≥180/120 mmHg, requiring immediate medical intervention

to prevent end-organ damage including stroke, heart attack, and kidney failure (Exhibit 29). Mr.

Capps' recent readings of 202/106 mmHg and 206/102 mmHg clearly exceed these emergency

thresholds.

       Medical literature confirms the dangerous relationship between untreated sleep apnea and

resistant hypertension. Javaheri et al. (2017) documented significantly increased cardiovascular

mortality in patients with sleep apnea-related hypertension, particularly when oxygen saturations

drop below 80% as documented in Mr. Capps' case (Exhibit 1). The American Academy of Sleep

Medicine recognizes that sleep apnea with oxygen desaturations below 60% requires immediate

intervention to prevent sudden cardiac death.

                       3. Institutional Inability to Provide Adequate Care

       The medical emergency began when corrections staff destroyed Mr. Capps' CPAP device

on March 12, 2025, during a unit search (Exhibits 2, 4 ¶¶25-27). Despite documented requests for

replacement (Exhibit 2), institutional barriers have prevented consistent CPAP therapy for over

three months. As previously described, the facility operates a restrictive once-a-week, 30-minute

sick call window (0700-0730 hours) that creates insurmountable obstacles for complex medical

equipment replacement and specialist consultation (Exhibit 26).




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       Multiple witnesses document life-threatening episodes. Cellmate Chance Zabriskie

observed Mr. Capps "stop breathing for approximately one minute" followed by "violent choking

and physical thrashing" (Exhibit 20). Coworker Tommy Goss observed "labored breathing" and

"bluish lips" during a medical episode, with Mr. Capps stating he had been "getting worse since

they took away my meds" (Exhibit 13).




                    4. Contrast with Pre-Incarceration Medical Management

       Prior to incarceration, Mr. Capps' sleep apnea and hypertension were successfully managed

through the Veterans Affairs healthcare system with integrated sleep medicine and cardiology care

(Exhibit 5). His blood pressure was controlled, and his sleep apnea was effectively treated with

properly maintained CPAP equipment and regular specialist monitoring. Pre-incarceration

psychiatric evaluation in September 2024 documented well-controlled symptoms with depression

and anxiety rated at only 2-3 on a 10-point severity scale under proper VA treatment (Exhibits 9).

The stark deterioration since incarceration demonstrates that his complex medical needs require

specialized care unavailable within the correctional setting.

       The evidence establishes that Mr. Capps suffers from a medical condition requiring

specialized care that is not being adequately provided, creating imminent risk of serious health

deterioration or death as contemplated by U.S.S.G. § 1B1.13(b)(1)(C).

               B. Institutional Inability to Provide Adequate Medical Care

       The evidence establishes that FPC Florence lacks the operational capacity and specialized

resources necessary to manage Mr. Capps' complex, interrelated medical conditions. This

institutional deficiency is demonstrated through systematic barriers that prevent effective




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treatment and a documented pattern of judicial intervention recognizing inadequate medical care

at the facility.




                       1. Operational Barriers to Effective Medical Care

        FPC Florence operates under severe constraints that create insurmountable obstacles to

timely medical intervention. The facility's single weekly medical sick call schedule restricts inmate

access to a 30-minute window (0700-0730 hours) on a first-come, first-served basis (Exhibit 26).

For inmates with complex conditions requiring detailed evaluation, equipment replacement, or

specialist consultation, this operational framework renders effective care impossible.

        The impact of these constraints is directly documented in Mr. Capps' case. Following the

March 12, 2025 destruction of his CPAP equipment (Exhibit 2, Exhibit 4, ¶¶25-27), he was unable

to obtain timely replacement despite the life-threatening nature of his condition. The restrictive

access window prevented the detailed consultation necessary to address his complex sleep apnea

management needs, contributing directly to the cardiovascular crisis documented in his blood

pressure monitoring log (Exhibit 24).

        These operational limitations reflect resource constraints that prevent the facility from

providing the specialized care required for complex medical conditions. The institution lacks

dedicated sleep medicine specialists, cardiology consultation capabilities, and the infrastructure

necessary for comprehensive management of interrelated conditions like severe sleep apnea and

resistant hypertension. As medical unit orderly Christopher West directly observed, facility staff

have discussed "their inability to provide the specialized mental health care Mr. Capps requires"

(Exhibit 12), representing institutional acknowledgment of inadequate capabilities.




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                                   2. Recognition of Inadequate Care

            Recent federal court decisions demonstrate a pattern of judicial intervention at FPC

Florence due to inadequate medical care, establishing that the facility's deficiencies represent

systematic institutional failure rather than isolated incidents (Exhibit 11):

       •    United States v. Bovis, Case No. 20-cr-00204-WHO-2 (N.D. Cal. March 6, 2025): The
            court granted compassionate release for hypertension management, finding the facility's
            blood pressure treatment "incomprehensible and very far below standards" and concluding
            that "a nine-month term should not become a life-threatening sentence."

       •    United States v. Paradis, Case No. 2:21-cr-00540-SB (C.D. Cal. January 15, 2025):
            Compassionate release granted for inadequate brain tumor care, with the court expressing
            "uncertainty surrounding BOP's ability to arrange" appropriate specialized treatment.

       •    United States v. Sosa, Case No. 2:20-CR-0073-DS (D. Utah December 2023): Release
            granted for uncontrolled hypertension, with the court waiving administrative exhaustion
            requirements due to the urgency of inadequate cardiovascular care.

            The temporal concentration of these judicial interventions within fifteen months, all

involving inadequate management of serious medical conditions, establishes a systematic pattern

of institutional deficiency that cannot be remedied through continued administrative processes.

             3. Systemic Resource Constraints and Budget-Driven Constitutional Violations

            Mr. Capps' experience at FPC Florence reflects a nationwide crisis in federal prison

medical care driven by systematic budget constraints that compromise constitutional standards

across facilities. Recent authoritative research establishes that the operational barriers and resource

limitations documented in his case are not isolated institutional problems but part of a systematic

budget-driven approach that has created constitutional violations requiring judicial intervention.

                        3a. National Research Documenting Systematic Failures1




1
    See Exhibit 28.


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        The Vera Institute of Justice (January 2025) documented that "chronic underfunding of

federal prison medical services has created a nationwide crisis in constitutional healthcare delivery,

with facilities systematically unable to provide adequate staffing and resources for complex

medical conditions" (Exhibit 28). The Pew Charitable Trusts (October 2017) found that "budget-

driven staffing reductions in federal prison medical units have led to dangerous delays in treatment

and systematic rationing of care through operational barriers" (Exhibit 28). The Equal Justice

Initiative (May 2024) concluded that "fiscal pressures have created institutional incentives to

minimize medical needs through misclassification and denial of services rather than appropriate

treatment" (Exhibit 28).

                    3b. Direct Application to FPC Florence's Documented Failures

These research findings directly explain the systematic failures documented in Mr. Capps' case:

   •    Operational Barriers as Cost-Saving Measures: The restrictive 30-minute sick call

        window, once per week, that prevented timely CPAP replacement (Exhibit 26) represents

        precisely the type of "operational barriers" that Pew identifies as budget-driven measures

        that create "dangerous delays in treatment." This operational constraint transforms what

        should be routine medical equipment replacement into an insurmountable bureaucratic

        obstacle.

   •    Resource Scarcity Preventing Adequate Care: The facility's inability to provide

        specialized sleep medicine consultation or maintain adequate CPAP replacement protocols

        demonstrates the resource scarcity that the Vera Institute identifies as systematically

        compromising care for "complex medical conditions." Mr. Capps' severe sleep apnea with

        oxygen desaturations to 52% clearly constitutes such a complex condition requiring

        specialized resources unavailable due to budget constraints.




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   •    Misclassification to Minimize Costs: Mr. Capps' initial classification as Mental Health

        Care Level 1 (CARE1-MH) despite his 70% VA PTSD disability rating exemplifies the

        Equal Justice Initiative's finding that "fiscal pressures create incentives to minimize

        medical needs through misclassification." This administrative decision reduces treatment

        costs while violating BOP Policy Statement 5242.01 requirements for veteran-specific

        care.

   •    Systematic Rationing Through Administrative Barriers: The documented delays in

        medication provision (Venlafaxine prescribed but not provided until mid-April) and

        equipment replacement represent the "rationing of care" that research identifies as budget-

        driven constitutional violations rather than legitimate medical decisions.




                       3c Institutional Pattern Confirms Systematic Crisis

        The pattern of recent judicial interventions at FPC Florence (Bovis, Paradis, Sosa) now

appears in this research context as evidence that budget-driven neglect has reached crisis levels

requiring systematic judicial oversight. The temporal concentration of these cases within fifteen

months, all involving inadequate management of complex medical conditions, demonstrates that

resource constraints have created systematic constitutional violations that cannot be remedied

through administrative processes designed to minimize rather than address medical needs.

                       4. Comparison with Proven Treatment Capabilities

        Mr. Capps' medical conditions were successfully managed through the Veterans Affairs

healthcare system prior to incarceration (Exhibit 5). The VA's integrated approach documented in

his medical records included:




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           •    Specialized sleep medicine monitoring with regular CPAP equipment maintenance
                and replacement
           •    Coordinated cardiology care addressing the relationship between sleep apnea and
                hypertension
           •    Comprehensive medication management with appropriate titration and monitoring
                (Exhibit 10)
           •    Regular specialist follow-up ensuring optimal treatment outcomes

       Pre-incarceration psychiatric evaluation in September 2024 documented controlled

symptoms with depression and anxiety rated at only 2-3 on a 10-point severity scale under proper

VA treatment (Exhibits 8 and 9). The stark contrast between Mr. Capps' pre-incarceration medical

stability and his current crisis (Exhibit 24) demonstrates that effective treatment requires

specialized resources and coordinated care unavailable within the correctional setting.

    5. Institutional Acknowledgment of Treatment Limitations and Congressional Deception

       The facility's inability to provide adequate care is further evidenced by institutional

acknowledgments of treatment limitations, combined with misleading representations to

congressional oversight. Medical staff have been observed discussing their inability to provide the

specialized care Mr. Capps requires (Exhibit 12), yet the BOP simultaneously assured Senator

Lankford that "Mr. Capps has been in regular communication with Psychology and departmental

staff are available at the Camp" and that the facility is "equipped with necessary resources"

(Exhibit 27).

       This stark contradiction between internal acknowledgments of inadequate capabilities and

external assurances to Congress demonstrates institutional awareness of deficiencies combined

with systematic misrepresentation to oversight authorities. The destruction of medical equipment

without adequate replacement protocols (Exhibit 2), combined with operational barriers

preventing timely intervention (Exhibit 26), demonstrates systematic institutional failure to

maintain the medical infrastructure necessary for constitutional care.


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       The totality of evidence establishes that FPC Florence cannot provide the long-term,

specialized medical care required for Mr. Capps' complex conditions, satisfying the institutional

inadequacy component of U.S.S.G. § 1B1.13(b)(1)(C) and necessitating judicial intervention to

prevent serious health deterioration or death.

       The combination of documented policy violations (Program Statement 5242.01), resource

constraints preventing adequate care, and misleading congressional representations demonstrates

a systematic institutional approach that prioritizes cost containment and oversight avoidance over

constitutional compliance. When viewed in the context of national research documenting budget-

driven healthcare rationing across federal facilities (Exhibit 28), Mr. Capps' case represents the

predictable result of systematic policy choices that have transformed isolated medical inadequacies

into widespread constitutional violations requiring judicial intervention to protect individual

inmates' constitutional rights.




               C. Prison Falsification of Medical Records

       A troubling aspect of Mr. Capps' case—transforming it from medical negligence to

deliberate constitutional violation—is the documented fabrication of medical records by facility

staff, subsequently confirmed by institutional administration.

                            1. Evidence of Medical Record Falsification

       On February 19, 2025, Nurse Practitioner Maltezo presented Mr. Capps with medical

records purporting to document a physician examination of a "healthy 47-year-old male"

conducted on January 8, 2025 (Exhibit 4, ¶¶17-20). This record contained a factual impossibility:




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Mr. Capps did not turn 47 years old until January 17, 2025—nine days after the alleged

examination date (Exhibit 4, ¶20).

       When Mr. Capps challenged this discrepancy, clinic administrator Ms. Alvarado explicitly

confirmed that "no physician encounter with Mr. Capps occurred on that date" (Exhibit 4, ¶39).

This institutional acknowledgment, documented contemporaneously in Mr. Capps' March 26,

2025 Inmate Request form, establishes that facility staff created fictitious records (Exhibit 2).

              2. Pattern of Administrative Record Tampering: The Payne Evidence

       Contemporaneous evidence from another inmate establishes that medical record

falsification at FPC Florence reflects a pattern of unreliable administrative practices, undermining

the facility’s credibility. On June 16, 2025, inmate David H. Payne, a licensed medical doctor,

submitted a BP-9 Administrative Remedy form alleging that health services staff “falsified

documents alleging a contrast allergy” to conceal errors in his diagnostic examinations (Exhibit

31, Payne’s Original BP-9 Form). When staff returned the processed form, they had altered it using

correction fluid to remove the phrase “then falsified documents alleging a contrast allergy,”

fundamentally changing the complaint’s substance (Exhibit 32, Payne’s Declaration, ¶11,

comparing original and altered BP-9 forms).

       This tampering with an official administrative remedy document—intended to document

constitutional violations—demonstrates deliberate interference with the grievance process courts

rely on to ensure adequate care. Payne’s declaration, supported by physical evidence of the altered

form, establishes that the alteration was not a clerical error but an intentional act to conceal

misconduct (Exhibit 32, ¶11). As a physician, Payne’s professional expertise lends additional

weight to his allegations, distinguishing this from routine inmate complaints. This incident,

occurring within weeks of Mr. Capps’ falsified medical record (Exhibit 4, ¶20, noting incorrect




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age in January 8, 2025, record), aligns with similar judicial findings of inadequate care at FPC

Florence in United States v. Bovis (March 2025) (Exhibit 11, Court Order), suggesting a facility-

wide issue.

       Under Smith v. Jenkins, 919 F.2d 90, 93 (8th Cir. 1990), intentional alteration of medical

records to conceal inadequate care constitutes deliberate indifference by demonstrating “obduracy

and wantonness.” The Payne tampering, combined with Mr. Capps’ case, renders the

administrative remedy process unreliable, necessitating judicial intervention under 18 U.S.C. §

3582(c)(1)(A). Even if BOP claims the alteration was unintentional, such reckless disregard for

accurate record-keeping violates constitutional standards, as recognized in Farmer v. Brennan,

511 U.S. 825, 837 (1994). This pattern of unreliable practices directly contradicts BOP’s

assurances to Congress of adequate medical oversight (Exhibit 27), justifying relief to ensure Mr.

Capps’ access to VA-coordinated care.



                        3. Legal Significance Under Constitutional Law

       The deliberate creation of false medical records constitutes powerful evidence of deliberate

indifference under Estelle v. Gamble, 429 U.S. 97, 104 (1976). As the Eighth Circuit recognized

in Smith v. Jenkins, 919 F.2d 90, 93 (8th Cir. 1990), the intentional alteration or fabrication of

medical records to conceal inadequate care transforms medical negligence into constitutional

violation by demonstrating "obduracy and wantonness" rather than mere "inadvertence or error in

good faith."

       The fabrication at issue here occurred precisely when Mr. Capps sought to document his

medical needs and obtain appropriate treatment—the very administrative processes that courts rely

upon to ensure constitutional care. By creating false records suggesting adequate medical




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evaluation had occurred, facility staff actively undermined Mr. Capps' ability to demonstrate his

medical needs through established grievance procedures.

       This fabrication is particularly concerning because it occurred while the Bureau of Prisons

was simultaneously assuring congressional oversight that the facility maintains "credentialed

medical and mental health professionals" providing adequate care (Exhibit 27). The contradiction

between institutional assurances to Congress and the documented falsification of medical records

demonstrates systemic failures in oversight that compromise the facility's ability to provide

constitutionally adequate care.

       The fabrication also directly contradicts the facility's representation that inmates can access

adequate medical care through established procedures. Creating false documentation of medical

encounters that never occurred demonstrates institutional willingness to deceive rather than

provide constitutionally adequate care.




                            4. Remedy Through Judicial Intervention

       When facility staff create false documentation suggesting adequate medical care has been

provided, they render the administrative remedy process meaningless and necessitate direct

judicial intervention. The fabrication establishes that Mr. Capps cannot obtain constitutional

medical care through administrative processes, as those processes have been corrupted by

institutional deception.

       This documented falsification, combined with the objective medical evidence of

deteriorating condition, establishes deliberate indifference requiring immediate judicial

intervention under U.S.S.G. § 1B1.13(b)(1)(C).




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               D. Other Factors Supporting Relief Under § 1B1.13(b)(5)

       U.S.S.G. § 1B1.13(b)(5) recognizes that "any other circumstances or combination of

circumstances that, when considered by themselves or together with any of the reasons described

in paragraphs (b)(1) through (4), are similar in gravity and urgency to the circumstances described

in those paragraphs" may constitute extraordinary and compelling reasons for sentence reduction.

Mr. Capps presents additional circumstances that, individually and in combination with his life-

threatening medical conditions, support compassionate release.

               1. Exceptional Rehabilitation Efforts and Programming Completion

       Despite the medical crisis and institutional barriers documented above, Mr. Capps has

demonstrated extraordinary commitment to rehabilitation during his incarceration. He has

completed or enrolled in numerous programs including Thresholds, Non-Residential RDAP, 7

Habits of Highly Effective People, Basic Cognitive Thinking, Drug Education, Business

Management and Veteran’s Reentry Program (Exhibit 4, ¶6). This programming completion

occurred while navigating the systematic medical neglect and operational barriers that have

prevented adequate treatment of his service-connected conditions.

       Mr. Capps' rehabilitation efforts are particularly significant given his status as a first-time,

non-violent offender who voluntarily surrendered and has demonstrated consistent respect for

institutional rules and judicial authority. His participation in veterans-specific programming shows

commitment to addressing the underlying issues related to his military service and service-

connected disabilities.



         2. Systematic Denial of Mental Health Treatment for Service-Connected PTSD




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           Mr. Capps suffers from service-connected Post-Traumatic Stress Disorder with a 70% VA

disability rating (Exhibit 5), yet has been systematically denied adequate mental health treatment

despite explicit BOP policy requirements for veteran-specific care. He submitted at least fourteen

documented requests for mental health intervention between January 2 and March 13, 2025,

explicitly referencing BOP Policy Statement 5242.01 requiring veteran-specific care (Exhibit 6).

           The facility's misclassification of Mr. Capps as Mental Health Care Level 1 (CARE1-MH)

despite his 70% VA PTSD rating represents institutional minimization of his treatment needs.

Fellow veterans housed with him provide compelling testimony about his deteriorating mental

health condition:

    •      Gary Franks observes that "Mr. Capps freaked out at count time, when an officer rattled
           his keys" and "eats alone in his cell and has a fear of common areas" (Exhibit 14)

    •      William Wolgamott documents "a severe panic attack during the 4:00 AM count when an
           officer's keys rattled unexpectedly" and notes that Mr. Capps "has progressively withdrawn
           from the common areas" (Exhibit 15)

    •      Christopher West, a medical unit employee, provides particularly damaging testimony that
           he "overheard medical staff discussing their inability to provide the specialized mental
           health care Mr. Capps requires" (Exhibit 12). This direct institutional acknowledgment of
           inadequate capabilities, combined with the BOP's simultaneous assurances to Congress of
           adequate resources (Exhibit 27), demonstrates systematic deception regarding the facility's
           actual treatment limitations.

           The contrast between Mr. Capps' pre-incarceration mental health stability under VA care

(depression/anxiety rated 2-3/10 in September 2024) (Exhibit 9) and his current deterioration

demonstrates that his PTSD requires specialized treatment unavailable within the institutional

setting.

                    3. Institutional Acknowledgment of Inadequate PTSD Treatment

           FPC Florence’s failure to provide evidence-based treatment for Mr. Capps’ service-

connected PTSD is compounded by institutional acknowledgment of proper standards coupled



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with a policy-driven refusal to implement them. On March 7, 2025, during a documented meeting,

FPC Florence psychologist Dr. T. Short made admissions that establish both knowledge of clinical

requirements and deliberate non-compliance (Exhibit 4, ¶¶2-6, Declaration of Michael R. Capps).

Dr. Short confirmed that Bureau of Prisons (BOP) policy prohibits trauma-based therapies, such

as cognitive behavioral therapy (CBT) and imagery rescripting, despite acknowledging these as

“first-line treatments for PTSD per VA/DoD Clinical Practice Guidelines.” She provided Mr.

Capps with nightmare treatment worksheets but stated that BOP policy prevents her from offering

the therapist-guided sessions necessary for their effective implementation. (Exhibit 4.)

       This policy-driven refusal violates BOP Program Statement 5242.01, which mandates

veteran-specific care for inmates with service-connected disabilities like Mr. Capps’ 70% VA-

rated PTSD (Exhibit 5, VA Rating Decision). Under Estelle v. Gamble, 429 U.S. 97, 104 (1976),

institutional knowledge of a serious medical need combined with conscious disregard constitutes

deliberate indifference. Dr. Short’s admissions satisfy both elements: (1) awareness of evidence-

based PTSD treatment standards, and (2) a policy-based choice to withhold such care, despite Mr.

Capps’ documented deterioration (Exhibit 6, Mental Health Treatment Requests).

       Moreover, Dr. Short’s statements contradict BOP’s April 18, 2025, assurance to Senator

James Lankford that FPC Florence maintains adequate mental health resources (Exhibit 27, BOP

Response to Congressional Inquiry). This discrepancy suggests a pattern of misrepresentation that

undermines the facility’s ability to provide constitutionally adequate care. Even if BOP attributes

the policy prohibition to resource constraints, such limitations do not excuse Eighth Amendment

violations, as recognized in Brown v. Plata, 563 U.S. 493, 511 (2011). Mr. Capps’ pre-

incarceration stability under VA care, with depression and anxiety rated at 2-3/10 (Exhibit 9,

September 2024 Psychiatric Evaluation), contrasts sharply with his current withdrawal and panic




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attacks (Exhibits 14, 15), underscoring the urgent need for judicial intervention to restore access

to VA-coordinated treatment.

         4. Systematic Violation of BOP Policy Requirements for Veteran-Specific Care

       Mr. Capps' PTSD treatment deficiencies are compounded by FPC Florence's systematic

violation of explicit BOP policy requirements mandating veteran-specific healthcare. BOP

Program Statement 5242.01 specifically requires that "veteran-specific care" must be available at

all facilities housing inmates with service-connected disabilities. This policy directive recognizes

that veterans with combat-related conditions require specialized treatment approaches that differ

from standard prison mental health protocols.

       Despite this clear mandate, Mr. Capps has submitted at least fourteen documented requests

for mental health intervention between January 2 and March 13, 2025, explicitly referencing

Program Statement 5242.01 and noting that "The VA treatment plan included therapy, medication

and service animal. The BOP has taken all three away and offering zero alternative care in violation

of PS 5242.01" (Exhibit 6). These requests demonstrate not only Mr. Capps' awareness of his

policy-protected rights but also the facility's systematic disregard for mandatory veteran care

requirements.

       The policy violation is particularly egregious given Mr. Capps' 70% VA disability rating

for service-connected PTSD (Exhibit 5), which establishes both the severity of his condition and

its direct connection to military service. The facility's misclassification of Mr. Capps as Mental

Health Care Level 1 (CARE1-MH) despite this substantial disability rating represents institutional

minimization of policy-mandated care requirements designed to protect disabled veterans.

       This systematic policy non-compliance stands in stark contrast to the BOP's assurances to

Senator Lankford that "Mr. Capps has been in regular communication with Psychology and




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departmental staff are available at the Camp" and that the facility maintains adequate resources for

veteran care (Exhibit 27). The documentary evidence of repeated requests citing specific policy

requirements, combined with institutional denial of mandated services, demonstrates deliberate

disregard for veteran-specific protections established by the BOP's own regulations.

       The violation of Program Statement 5242.01 transforms this case from general medical

inadequacy to deliberate institutional failure to follow mandatory procedures designed to ensure

constitutional care for service members who sacrificed for their country. When combined with the

medical crisis documented above, this policy violation establishes a pattern of institutional

indifference that cannot be remedied through continued administrative processes that have already

proven ineffective despite explicit regulatory mandates.

               5. Dangerous Medication Withdrawal Without Medical Supervision

       The FPC Florence’s abrupt discontinuation of Mr. Capps’ VA-prescribed medication

regimen, without proper tapering or medical oversight, has created cascading health risks that

compound his cardiovascular emergency. Prior to incarceration, the Department of Veterans

Affairs successfully managed Mr. Capps’ interrelated conditions—sleep apnea, PTSD,

hypertension, and obesity—through a coordinated regimen that maintained his physiological

stability (Exhibit 10, VA Medication Records). The facility’s systematic withdrawal of these

medications, without VA consultation or alternative treatment, violates BOP Program Statement

5242.01’s mandate for veteran-specific care and demonstrates deliberate indifference under Estelle

v. Gamble, 429 U.S. 97, 104 (1976). The following medications were discontinued, each

contributing to Mr. Capps’ deteriorating health:

•   Venlafaxine 225mg: Prescribed for PTSD and depression, discontinued without tapering,

    causing withdrawal symptoms including dizziness and cardiovascular instability. Despite re-




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    prescription, delivery was delayed until mid-April 2025, exacerbating symptoms (Exhibit 19,

    FPC Florence Medical Records).

•   Armodafinil 200mg: Used to manage daytime sleepiness from sleep apnea, discontinued

    without replacement, resulting in severe fatigue that impairs daily functioning (Exhibit 19).

•   Testosterone 150mg: Administered for hormonal stability, critical for cardiovascular and

    mental health, discontinued without monitoring, leading to a severe deficiency detailed below

    (Exhibit 19).

•   Semaglutide 2.4mg: Enabled an 87-pound weight loss that improved sleep apnea and

    hypertension. Its discontinuation has caused rapid weight gain, worsening airway obstruction

    and cardiovascular stress (Exhibit 19).

          The cumulative effect of these discontinuations, without clinical justification or

supervision, has transformed manageable conditions into a life-threatening crisis, as evidenced by

Mr. Capps’ blood pressure escalation from 178/98 mmHg in March to 206/102 mmHg in June

2025 (Exhibit 24, Blood Pressure Monitoring Log). The testosterone withdrawal, in particular,

poses a quantifiable mortality risk that exemplifies the facility’s reckless disregard for Mr. Capps’

health.

                         6. Synergistic Risks from Testosterone Withdrawal

          The abrupt discontinuation of Mr. Capps’ testosterone replacement therapy has created a

severe cardiovascular risk, amplifying his hypertensive crisis. Prior to incarceration, VA-

prescribed therapy maintained his testosterone at 900 ng/dL, supporting cardiovascular and mental

health stability (Exhibit 10, VA Medication Records). Following discontinuation at FPC Florence,

his levels plummeted to 106 ng/dL, an 88% decline placing him in a severe deficiency range.




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       A 2012 Veterans Affairs study by Shores et al., published in the Journal of Clinical

Endocrinology & Metabolism, found that men with testosterone levels ≤250 ng/dL face a 20.7%

mortality rate compared to 10.3% for treated patients, primarily due to cardiovascular events

(Exhibit 30, Shores et al. Study, p. 1729). Mr. Capps, at 106 ng/dL and sharing the study’s veteran

demographic (male, mid-40s, with comorbidities), falls in the highest-risk category. This risk is

amplified by synergistic effects of untreated conditions: severe sleep apnea (causing low oxygen

levels during sleep), PTSD nightmares (increasing cardiovascular stress), and rapid weight gain

from Semaglutide discontinuation (worsening airway obstruction) (Exhibits 1, 6, 19). The blood

pressure log confirms a corresponding deterioration, escalating from 178/98 mmHg in March to

206/102 mmHg in June 2025, with symptoms of dizziness and headaches (Exhibit 24).

       Under Estelle v. Gamble, the facility’s failure to taper or monitor testosterone therapy,

despite known risks, constitutes deliberate indifference. This reckless decision, made without VA

consultation, mirrors the unprofessional record-keeping documented in Section IV.D (Prison

Falsification of Medical Records) and violates BOP Program Statement 5242.01’s veteran-specific

care mandate. Even if BOP claims a clinical rationale for discontinuation, the absence of

monitoring or alternative treatment deviates from standard care, as evidenced by the VA’s prior

success. This synergistic crisis, untreatable within FPC Florence, necessitates conversion to

supervised release with VA-coordinated care to prevent irreversible harm.

                            6a. Documentation of Withdrawal Effects

       The consequences of this systematic medication withdrawal are now documented through

multiple sources. Tommy Goss observed Mr. Capps during a medical episode stating "Been getting

worse since they took away my meds... dizzy all the time" (Exhibit 13). The blood pressure

monitoring log provides objective evidence of cardiovascular deterioration following medication




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discontinuation, with readings of 183/97 mmHg on March 18 accompanied by documented

symptoms of "headache, dizziness" that correspond precisely to recognized Venlafaxine

withdrawal syndrome (Exhibit 24).

       The timing correlation between medication withdrawal and blood pressure crisis is

medically significant. Mr. Capps' cardiovascular deterioration from 178/98 mmHg in March to

crisis levels of 188/122 mmHg in June directly follows the systematic removal of medications that

had successfully maintained his physiological stability for four years (Exhibits 10, 24).

                     6b. Deliberate Indifference in Medication Management

       Even when the facility belatedly recognized the need for psychiatric medication

replacement, their response demonstrated deliberate indifference to medical necessity. Despite

prescribing Venlafaxine to address withdrawal symptoms, staff inexplicably directed that the

medication "not start until mid April (15th)" - a month-long delay despite documented dangerous

withdrawal effects (Exhibit 2, Exhibit 19). This delay in providing critical medication that Mr.

Capps had been stably maintained on for four years at maximum therapeutic dosage represents the

paradigmatic deliberate indifference recognized in Estelle v. Gamble.

       The systematic withdrawal of Semaglutide is particularly concerning given its role in Mr.

Capps' 87-pound weight loss, which directly improved his sleep apnea by reducing airway

obstruction. The discontinuation of this medication without medical assessment has contributed to

weight gain that exacerbates the very condition creating his cardiovascular crisis - a medically

contraindicated decision that demonstrates institutional disregard for the interconnected nature of

his medical conditions.

                                  6c. Constitutional Implications




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        The combination of systematic medication withdrawal without proper tapering,

documented withdrawal symptoms, month-long delays in replacement medications, and objective

evidence of cardiovascular deterioration establishes deliberate indifference that violates the Eighth

Amendment. This medication mismanagement compounds the sleep apnea crisis by removing

therapeutic interventions that had successfully maintained Mr. Capps' stability, creating a

cascading medical emergency that demonstrates institutional inability to provide constitutionally

adequate care for complex medical conditions requiring integrated treatment approaches.

                7. Combination of Circumstances Creating Urgent Need for Relief

        These additional circumstances, when considered together with Mr. Capps' life-threatening

sleep apnea and cardiovascular crisis, create a combination of factors similar in gravity and

urgency to the primary medical circumstances outlined in § 1B1.13(b)(1). The systematic denial

of veteran-specific mental health care, dangerous medication withdrawal, and exceptional

rehabilitation efforts demonstrate that Mr. Capps presents the type of unique circumstances

contemplated by the "other factors" provision.

        The combination of service-connected medical and mental health conditions, systematic

institutional failures across multiple areas of care, exceptional rehabilitation efforts, and eligibility

for community custody creates circumstances that collectively warrant compassionate release

under § 1B1.13(b)(5).

        Moreover, the documented fabrication of medical records (Section IV.C) combined with

these additional circumstances demonstrates institutional bad faith that transforms individual

medical neglect into systematic constitutional violation requiring judicial intervention. The totality

of circumstances establishes that Mr. Capps cannot obtain adequate care through administrative

processes and faces imminent risk of serious health deterioration without immediate relief.




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             V.    CONSISTENCY WITH § 3553(A) SENTENCING FACTORS

       The § 3553(a) factors strongly support converting Mr. Capps' remaining sentence to

supervised release with medical conditions.

                     A. Nature and Circumstances of the Offense and Defendant's
                        Characteristics

       Mr. Capps is a first-time, non-violent offender serving a 27-month sentence for COVID-

19 relief fraud. He voluntarily surrendered as ordered on December 31, 2024 (Exhibit 4, ¶2),

demonstrating respect for this Court's authority and the legal process. During his approximately

six plus months of incarceration, he has participated in rehabilitation programming including

business management courses, drug education, cognitive thinking programs, and veterans' reentry

preparation (Exhibit 4, ¶6).

       Mr. Capps' status as a disabled combat veteran with service-connected medical conditions

weighs heavily in favor of relief. His 70% PTSD disability rating and 50% sleep apnea rating from

the Department of Veterans Affairs establish that these conditions resulted from his military

service to his country (Exhibit 5). The current medical crisis represents a direct consequence of

conditions incurred during honorable military service, warranting special consideration under the

statutory framework.

       As fellow veteran Gary Franks, housed at the same facility, observes: "I encourage the

court to assist Mike in any way possible, as anyone with his history of service deserves to receive

the care he needs, which is not provided in this facility" (Exhibit 14). Multiple veterans have

documented Mr. Capps' deteriorating condition and the facility's inability to provide adequate care

for service-connected disabilities (Exhibits 14, 15).

                     B. Adequate Punishment and Deterrence Already Achieved




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        Mr. Capps is already eligible for placement in a Residential Reentry Center or home

confinement under the Bureau of Prisons’ community custody policies, effective as of April 26,

2025. This institutional determination reflects a core reality: even under a full application of federal

punishment policies and incentive programs, Mr. Capps has served sufficient time in institutional

custody to satisfy the primary penal objectives of his sentence. The requested relief—conversion

to supervised release with medical conditions—would not circumvent accountability. Rather, it

would implement the very transition already authorized by BOP policy while addressing a medical

emergency that cannot be treated inside the facility.

        Mr. Capps has now served over six months of his 27-month sentence. Though modest in

duration relative to the full term, his incarceration has been marked by conditions that far exceed

those anticipated at sentencing. He has endured not only the ordinary loss of liberty and separation

from family, but also severe and ongoing physical suffering caused by systemic medical neglect.

The progressive hypertensive crisis he now faces—as documented in Exhibit 24 and reflected in

daily blood pressure readings surpassing 200/100 mmHg—has introduced a level of risk and

deprivation that transforms the nature of his punishment.

        These conditions do not advance the objectives of deterrence or rehabilitation. They

undermine them.

        The public consequences of Mr. Capps' conviction remain substantial: reputational harm,

professional disqualification, public awareness, and substantial restitution obligations continue to

serve as enduring deterrents. Moreover, the two-year term of supervised release already imposed

by this Court will continue to ensure structured oversight and accountability.

        The requested sentence modification does not diminish the seriousness of the offense or

reduce the length of the custodial term. It merely ensures that the remainder of Mr. Capps’ sentence




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can be served in a setting capable of meeting his urgent and well-documented medical needs—

needs that the current institutional setting has proven repeatedly unable to address (Exhibits 10,

19, 24, 31, 32). Under these circumstances, this § 3553(a) factor favors relief.

                     C. Need to Provide Medical Care in the Most Effective Manner

       Section 3553(a)(2)(D) specifically requires providing medical care "in the most effective

manner." The evidence overwhelmingly demonstrates institutional care cannot manage Mr. Capps'

life-threatening conditions. Maximum antihypertensive therapy has failed to control blood

pressure readings reaching 206/102 mmHg (Exhibit 24), while operational barriers prevent

adequate CPAP management (Exhibit 26).

       In contrast, the Veterans Affairs system successfully managed these conditions pre-

incarceration through integrated specialty care, as documented by his comprehensive treatment

progress records and controlled symptoms in September 2024 psychiatric evaluation

(depression/anxiety at 2-3/10 severity) (Exhibit 8, Exhibit 9). VA coordination provides the

specialized sleep medicine and cardiology consultation required for his complex, interrelated

conditions.

                     D. Public Safety Considerations

       Mr. Capps presents minimal risk to public safety. His offense involved financial fraud with

no violence or threat to physical safety. He has no history of violent crime, substance abuse, or

behavior suggesting danger to the community. His military service record, documented service-

connected medical conditions, and disability status further support his low risk profile (Exhibit 5,

Exhibit 8).

       Supervised release with medical conditions would actually enhance public safety by

ensuring Mr. Capps receives appropriate treatment for his service-connected PTSD and other




                                           Page 29 of 34
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conditions that, if left untreated, could contribute to future difficulties. His documented requests

for mental health treatment (Exhibit 6) and the facility's systematic failure to provide adequate

psychiatric care demonstrate that continued incarceration without proper treatment poses greater

long-term risk than supervised release with comprehensive VA medical monitoring.

          The comprehensive oversight provided through supervised release, combined with VA

medical monitoring, would provide greater accountability than continued incarceration under

medically inadequate conditions that have been documented to worsen his underlying conditions

          .

                      E. Prevention of Disproportionate Punishment

          The documented medical crisis has transformed Mr. Capps' lawful sentence into

punishment that exceeds constitutional limits. His current condition, with blood pressure readings

in the hypertensive crisis range despite maximum treatment (Exhibit 24, Exhibit 29), creates

imminent risk of stroke, cardiac arrest, or death that would render his sentence disproportionately

severe.

          Courts have recognized that sentences should not become de facto death sentences due to

inadequate medical care. The objective medical evidence—including sleep study documentation

showing oxygen desaturations to 52% (Exhibit 1) and progressive cardiovascular deterioration

(Exhibit 24)—establishes that continued incarceration poses substantial risk of permanent injury

or death that would constitute punishment far exceeding this Court's intent and the statutory

purposes of sentencing.

          The documented fabrication of medical records (Exhibit 4, Exhibits 31-32) combined with

institutional barriers to care (Exhibit 26) demonstrate that Mr. Capps cannot obtain constitutional




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medical treatment through administrative processes, necessitating judicial intervention to prevent

irreversible harm.

       This Court need not rewrite the sentence. The Bureau of Prisons has already conceded the

defendant does not require secure confinement.

       Conversion to supervised release with medical conditions would restore proportionality to

Mr. Capps' sentence by ensuring he serves the remaining term under conditions that do not pose

imminent threat to his life while maintaining appropriate accountability through judicial oversight

and VA medical monitoring.

       The § 3553(a) factors collectively support the conclusion that extraordinary and compelling

circumstances warrant conversion of Mr. Capps' remaining sentence to supervised release with

appropriate medical conditions.




                                     VI.     CONCLUSION

       Mr. Capps presents extraordinary and compelling medical circumstances that have

materially changed since this Court's February 2025 denial. The objective evidence establishes a

cardiovascular emergency requiring immediate judicial intervention.

       The Medical Crisis is Undeniable. Blood pressure readings of 206/102 mmHg and

202/106 mmHg in late June 2025 exceed all clinical thresholds for hypertensive emergency

(Exhibit 24). These readings, documented over consecutive days, create imminent risk of stroke,

cardiac arrest, or irreversible organ damage despite maximum pharmaceutical intervention

(Exhibits 10, 19). Mr. Capps' severe sleep apnea, with oxygen desaturations to 52%, drives this




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uncontrollable hypertension but cannot be treated following destruction of his CPAP device and

institutional barriers preventing replacement (Exhibits 1, 2, 26).

       Institutional Care Has Failed. FPC Florence cannot provide the specialized, coordinated

care Mr. Capps requires. Recent federal court decisions at this facility—United States v. Bovis

(March 2025), United States v. Paradis (January 2025)—document systematic medical

inadequacy requiring judicial intervention. Contemporary evidence from other inmates confirms

ongoing institutional failures, including medical record falsification and diagnostic errors during

the same timeframe as Mr. Capps' crisis. The documented fabrication of Mr. Capps' medical

records transforms negligence into deliberate indifference requiring constitutional remedy (Exhibit

4, ¶¶17-20).

       The Relief Requested is Measured. Mr. Capps seeks conversion to supervised release

with VA medical coordination—not escape from accountability. He is already eligible for

community custody as of April 26, 2025, meaning this relief would not materially reduce his

punishment but would ensure he receives constitutionally adequate care during his remaining

sentence. The Veterans Affairs system previously managed his conditions successfully through

integrated specialty care, as documented by controlled symptoms pre-incarceration (Exhibit 9).

       Judicial Intervention is Required. Administrative remedies have proven inadequate

when institutional staff fabricate medical records and create operational barriers preventing

effective treatment. The progression from Stage 2 hypertension in March to sustained hypertensive

crisis exceeding 200 mmHg systolic in June demonstrates that each day of continued institutional

"care" poses escalating risk to Mr. Capps' life.

       The law provides this Court discretion under § 3582(c)(1)(A) precisely to prevent lawful

sentences from becoming unlawful punishment when extraordinary circumstances develop. Mr.




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Capps has served his time honorably, completed rehabilitation programming, and demonstrated

respect for this Court's authority. He asks only to complete his sentence under conditions that will

not kill him.

                                    PRAYER FOR RELIEF

       WHEREFORE, Mr. Capps respectfully requests that this Court convert his remaining term

of imprisonment to supervised release with the following conditions:

   1. Medical Coordination: Defendant shall coordinate all medical care through the

       Department of Veterans Affairs healthcare system for his service-connected sleep apnea,

       hypertension, and PTSD;

   2. Medical Compliance: Defendant shall comply with all prescribed treatments, attend

       scheduled appointments, and provide medical records to U.S. Probation upon request;

   3. Standard Conditions: All standard supervised release conditions pursuant to this Court's

       judgment; and

   4. Additional Conditions: Such other reasonable conditions as this Court deems appropriate.



   I Michael R. Capps, declare under penalty of perjury pursuant to 28 U.S.C. § 1746, that the

   following statements are true and correct to the best of my knowledge, information, and belief:



   Respectfully submitted July 11, 2025.



                                              _________________________________
                                              Michael R. Capps
                                              Register Number: 66142-509
                                              FPC Florence
                                              PO Box 6000
                                              Florence, CO 81226



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EXHIBIT LIST

    Exhibit 1: Sleep Study Documentation (May 2021)
    Exhibit 2: Inmate Request to Staff Forms (Multiple Dates)
    Exhibit 4: Declaration of Michael R. Capps
    Exhibit 5: VA Rating Decision Documentation
    Exhibit 6: Mental Health Treatment Requests
    Exhibit 7: Service Animal Certification
    Exhibit 8: Treatment Progress Documentation
    Exhibit 9: Pre-Incarceration Psychiatric Evaluation (September 2024)
    Exhibit 10: Medication Prescription Records
    Exhibit 11: United States v. Bovis Court Order
    Exhibit 12: Declaration of Christopher West
    Exhibit 13: Declaration of Thomas Goss
    Exhibit 14: Declaration of Gary Franks
    Exhibit 15: Declaration of William Wolgamott
    Exhibit 16: CPAP Device Manufacturer Documentation
    Exhibit 17: VA Appointment Confirmation
    Exhibit 19: FPC Florence Medical Records
    Exhibit 20: Declaration of Chance Zabriskie
    Exhibit 22: BP-9 Administrative Remedy Documentation
    Exhibit 24: Blood Pressure Monitoring Log (Updated through June 11, 2025)
    Exhibit 25: Eagle OPS Veteran Support Documentation
    Exhibit 26: Photograph of FPC Florence Medical Sick Call Schedule
    Exhibit 27: BOP Response to Senator James Lankford's Inquiry (April 18, 2025)
    Exhibit 28: Research Summary on Budget-Driven Prison Medical Care Crisis (Vera
    Institute of Justice, January 2025; Pew Charitable Trusts, October 2017; Equal Justice
    Initiative, May 2024)
    Exhibit 29: Current Medical Treatment Documentation and Hypertensive Crisis Report
    (June 11, 2025)
    Exhibit 30: Medical Research: Testosterone Withdrawal and Hypertensive Treatment
    Exhibit 31: David Payne Administrative Remedy
    Exhibit 32: David Payne Declaration
    Exhibit 33: Warden’s Denial (April 7, 2025)




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