Federal judge denies former pharmacist Robert Courtney’s request for early release
A federal judge will not reduce the 30 year maximum sentence handed down to a former Kansas City pharmacist who was convicted of diluting thousands of prescription drugs.
In an order issued Monday, Judge Ortrie D. Smith denied Robert Courtney’s request for early release.
Courtney, 67, was sentenced in December 2002, making his release date May 2027, according to court records.
During an investigation that began in mid-2001, Courtney admitted to diluting 72 different medications over nearly a decade. Most were cancer treatment drugs, but others could have been used to treat AIDS, multiple sclerosis, arthritis and other diseases.
Authorities estimated his scheme could have touched 4,200 patients.
Courtney’s insurance company agreed to pay $35 million to victims, and two pharmaceutical makers paid $71 million in settlements.
In December, Courtney filed a motion for a sentence reduction. It was denied April 3.
He filed another motion July 9 asking for compassionate release based on his age, health concerns and the COVID-19 pandemic.
More than 12,000 federal inmates have contracted the coronavirus and 118 have died, according to data from the Federal Bureau of Prisons.
According to the motion, Courtney has suffered from hypertension, a stroke, three heart attacks, cancer and internal bleeding while in prison.
In mid-July, the Bureau of Prisons considered releasing Courtney to home confinement.
Victims and their families expressed outrage.
Kansas City Mayor Quinton Lucas, Missouri Gov. Mike Parson, U.S. Sens. Josh Hawley and Roy Blunt, and U.S. Reps. Emanuel Cleaver II and Sam Graves also condemned the move.
The Department of Justice reversed course, but officials said the case was still under review.
In his order, Smith wrote that Courtney’s health problems fail to show “an extraordinary and compelling reason for a reduction in his sentence.”
He noted that Englewood, the federal penitentiary in Colorado where Courtney is incarcerated, has not had many coronavirus cases.
“While COVID-19 presents unique circumstances, COVID-19’s existence and the possibility of contracting the virus, particularly in a facility with a low incident rate, does not warrant compassionate release,” the judge wrote.
According to the Federal Bureau of Prisons, there is currently one active case at Englewood.
Smith also said that Courtney’s crimes were “vastly different” from other defendants who were granted compassionate release.
This story was originally published September 1, 2020 at 5:56 PM.
