 Judge Slomsky found multiple circumstances warranting a sentence less than death, including Hammer's acceptance of responsibility and remorsefulness, his extended family history of dysfunction, abuse and mental illness, his mental and emotional impairments, and his self-improvement.Judge Slomsky also identified Hammer's medical diagnoses - “diabetes mellitus, type II [high blood sugar requiring insulin dependency], diabetic polyneuropathy [the gradual destruction of nerve sensations, especially in the extremities], diabetic retinopathy [scarring of the retina], and/or diabetic macular edema [release of retinal blood into the vitreous fluid in the eye, blocking vision to the point of legal blindness]” - and Hammer's charitable contributions during his 9 years on death row and his correspondence with at-risk children counseling them against engaging in criminal conduct.At the time of his resentencing, Hammer had long been classified as a BOP Medical Care Level 3 inmate.