By Hailey Konnath

Law360 (November 9, 2020, 10:36 PM EST) -- A California federal judge on Monday shot down a compassionate release bid from former Bumble Bee CEO Chris Lischewski, ruling that Lischewski doesn't have any medical reasons for getting his sentence reduced amid the pandemic.

In June, U.S. District Judge Edward M. Chen sentenced Lischewski to 40 months in prison for his role in a tuna price-fixing conspiracy. The judge also ordered him to pay a $100,000 fine, noting at the time that the prison term is well below the roughly seven- to nine-year range recommended by sentencing guidelines.

Still, Lischewski has argued that he's entitled to a three-month reduction of his sentence because of 18 days of coronavirus-related lockdown conditions he was subjected to upon his surrender to the Bureau of Prisons in August. He also pointed to the pandemic, saying it has made prison conditions "significantly worse than usual," according to his motion.

But those arguments "are not persuasive," Judge Chen said in Monday's order. Even some individuals with medical conditions that make them more vulnerable to the disease have seen their compassionate release bids denied, and Lischewski hasn't implicated any medical reasons for reduction, the judge said.

While confinement conditions alone could theoretically justify a sentence reduction, they must be "extraordinary and compelling," Judge Chen said.

"Here, Mr. Lischewski has not sufficiently established extraordinary and compelling circumstances with respect to his conditions of confinement," the judge said. He added that "[e]very prisoner in the facility and other BOP facilities is subject to the similar conditions brought about by the COVID-19 pandemic" and Lischewski hasn't explained why he should receive special treatment.

And the court did consider the impact of the pandemic when making its sentencing determination, Judge Chen said.

The judge also questioned Lischewski's claims that he wasn't given any food or fresh water or a bed for 24 hours, pointing to past issues with Lischewski's credibility.

"In the case at bar, the § 3553(a) factors weigh against a reduction in Mr. Lischewski's sentence, including the seriousness of his offense and the fact that he has served only a fraction of his sentence," Judge Chen held.

Lischewski was CEO and president of Bumble Bee for nearly 20 years before his indictment by a federal grand jury in 2018. Last year, a jury found him guilty of violating federal antitrust laws by teaming up with executives at rivals StarKist Co. and Chicken of the Sea to raise the price of canned tuna.

Since then, the government asked the judge to put Lischewski behind bars for up to a decade and saddle him with a $1 million fine, while defense counsel argued in a sentencing memorandum that the conviction warrants no more than 12 months of home confinement.

At his sentencing hearing in June, Judge Chen reasoned that Lischewski deserves more time locked up for his role in leading the conspiracy and because the conspiracy affected more than $600 million in commerce. Judge Chen also noted that the products at issue are basic food staples, which many low-income individuals rely on as a source of protein, and they're not "expensive LCD screens."

Judge Chen also held that the coronavirus does not "obviate or excuse" the 59-year-old's conviction, but said the outbreak and how it is impacting inmates is a factor he considers in determining what prison term is just punishment for the crime.

Government representatives and counsel for Lischewski didn't immediately return requests for comment late Monday.

The government is represented by Manish Kumar, Leslie A. Wulff, Mikal J. Condon and Andrew Schupanitz of the DOJ's antitrust division.

Lischewski is represented by Elliot R. Peters, Christopher C. Kearney, Elizabeth K. McCloskey and Nicholas S. Goldberg of Keker Van Nest & Peters LLP.

The case is U.S. v. Chris Lischewski, case number 3:18-cr-00203, in the U.S. District Court for the Northern District of California.

--Additional reporting by Hannah Albarazi, Cara Bayles, Frank G. Runyeon, Anne Cullen and Dorothy Atkins. Editing by Emily Kokoll.

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