A judge has ordered the release of a 76-year-old man who was sentenced to life and served nearly 21 years behind bars for running a large cocaine distribution ring, finding he meets the “extraordinary and compelling’’ reasons for compassionate release.

Despite objections from prosecutors, U.S. Judge Michael H. Simon found Adolph Spears Sr. suffers from potentially terminal health problems and is no longer a danger to the community.

“In light of the age of Spears’ previous convictions, Spears’ age, and Spears’ physical and medical condition, the Court does not find that at this time Spears poses a significant risk to the community,’’ Simon wrote in a 13-page opinion Tuesday.

The judge’s ruling is a direct result of changes to federal law from a criminal justice bill called the First Step Act, which passed late last year and allows federal courts to directly reduce sentences if an inmate meets the criteria for compassionate release.

Defense lawyers have argued that the federal Bureau of Prisons has granted few such requests, though Congress created compassionate release as a way to free inmates who have terminal illnesses and elderly offenders who pose little risk to public safety.

Federal prosecutors argued that Spears filed his motion for release before the federal Bureau of Prisons was given a 30-day period to respond to his request and that the court shouldn’t take action until that time has expired. They also questioned Spears’ medical records and said he’s still a danger to the community.

Then-U.S. District Judge Ancer L. Haggerty had sentenced Spears in May 2001 to a life prison term for being a leader of what officials then said was one of the largest drug rings ever uncovered in Portland. He sentenced Spears to life for the drug conspiracy and 20 years, to run concurrently, for conspiring to commit money laundering, possessing cocaine with intent to distribute and other convictions. Prosecutors alleged that Spears used a car dealership, LCH AutoWholesale, to launder drug profits with a co-defendant. He was 58 at the time.

Counting the time he was in custody pending his trial and sentencing, Spears has served 29 years and eight months in prison, the judge found.

Because of his medical problems, Spears was moved in May from the federal prison in Sheridan to the Butner Medical Facility in North Carolina.

"While he has been at Butner, family members have made regular cross-country visits to see him, believing that each one may be the last,'' his defense lawyer Lisa Ludwig wrote to the court. "Allowing him to spend the time he has left being cared for by the family who loves him will be an act of compassion to Mr. Spears, but also to the family who cares so deeply for him.''

Spears has multiple chronic serious medical ailments, a limited life expectancy and depends on a wheelchair to get around, according to one of his medical experts. He was diagnosed with an aggressive form of prostate cancer in June 2018. He also suffers from poorly controlled diabetes, cataracts, pain from spinal surgery, chronic kidney disease, limited mobility and difficulty swallowing.

Three of his daughters, a daughter-in-law and granddaughters have offered to house Spears if he’s released and provide medical and financial support.

Spears submitted his release request to the prisons bureau on Sept. 13, the same day he filed a motion with the court. On Sept. 30, the prisons bureau denied Spears’ request, and said he could appeal or wait until 30 days after his initial request was made to file a motion with the court.

The judge said he waited until Tuesday, more than 30 days after Spears made his request to the prisons bureau, to consider the motion.

The judge said Spears’ deteriorating physical health met the requirements for compassionate release, and said it appeared that the federal prisons bureau failed to consider anything beyond whether Spears had a terminal illness.

The U.S. probation office, at the judge’s request, approved the home of one of Spears’ daughters for his release, finding her suitable as his caregiver.

Prosecutors had argued that Spears remains a danger, largely because he was convicted of a significant drug conspiracy and he possessed guns during his drug trafficking activities. He also previously was convicted of conspiracy to commit murder and was sentenced to 25 years after he offered a man $500 to burn down an IRS agent’s house while he was being investigated in 1978 for tax evasion, according to court records.

Federal prosecutors argued that Spears’ age and medical condition don’t render him “so incapacitated’’ that he couldn’t resume his criminal conduct, pointing out he was leading a drug ring in his late 50s.

Simon said he took into account Spears’ criminal history but noted that Spears’ most recent drug conviction is more than 19 years old and his last conviction for a crime of violence is more than 40 years old.

It’s unlikely Spears would have faced as serious a sentence today if convicted of the same conduct, Simon noted. He was convicted of distributing crack cocaine when sentences for such drug crimes were much higher and judges had less discretion, Simon wrote. Since then, Congress has made changes to avoid sentencing disparities in such drug cases.

The judge said he’ll order new conditions for Spears’ release and a lifetime of federal supervision.

“The Court notes that Spears’ conduct in this case and in the past was very serious. He has been in custody, however, for more than 20 years, which is a significant sanction,’’ Simon wrote. “The Court will also order lifetime supervision, which continues to serve both as a sanction and a general deterrent.’’

He ordered Spears’ immediate release Tuesday, for placement with his daughter in Portland. He’s responsible for his own transportation back to Oregon and must meet with a probation officer within four days of his release.

-- Maxine Bernstein

Email at mbernstein@oregonian.com

Follow on Twitter @maxoregonian

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