![]() ![]() According to the Centers for Disease Control and Prevention, one of petitioner’s underlying health conditions, high blood pressure, might increase his risk of severe illness from COVID-19. As the Court previously stated, “defendant has not shown that he has a medical condition (combined with his age) that places his health and safety at such great risk to constitute extraordinary and compelling reasons for release.” (ECF No. The Court has considered these factors and concludes that compassionate release would not be appropriate in this case. A third consideration, the § 1B1.13 policy statement, is no longer a requirement courts must address in ruling on defendant-filed motions. In resolving those motions, district courts now face two questions: (1) whether extraordinary and compelling circumstances merit a sentence reduction and (2) whether the applicable § 3553(a) factors warrant such a reduction. The Sixth Circuit has clarified “how distri ct courts, following the enactment of the First Step Act, should analyze defendant-filed motions seeking release under § 3582(c)(1)(A).” United States v. The government notes that (1) defendant has received two doses of the Moderna COVID-19 vaccine (2) the Court already ruled that defendant’s medical conditions are not extraordinary and compelling (3) the Court already addressed defendant’s sentence credit allegations by transferring his § 2241 motion to the Northern District of West Virginia and (4) his release would not be consistent with the factors outlined in 18 U.S.C. ![]() The government opposes the instant motion on the grounds that defendant has failed to show extraordinary and compelling reasons for his release. Incarcerated, as this Court does not have jurisdiction over the warden of FCI Hazelton and therefore lacks jurisdiction to adjudicate that claim. Warden of the defendant’s facility, whichever is earlier, may reduce the term of imprisonment (and may impose a term of probation or supervised release with or without conditions that does not exceed the unserved portion of the original term of imprisonment), after considering the factors set forth in section 3553(a) to the extent that they are applicable, if it finds that- (i) extraordinary and compelling reasons warrant such a reduction. The Court transferred that motion to the Northern District of West Virginia, the district in which defendant is ![]() 93), which addresses the above-referenced sentence credit miscalculation. § 2241 regarding inaccurate scoring of sentence credit” (ECF No. Defendant has also filed a “motion for a writ of habeas corpus pursuant to 28 U.S.C. 76, PageID.271), and the second was denied because defendant failed to show the existence of extraordinary or compelling circumstances warranting his immediate release. The first was denied because defendant failed to exhaust his administrative remedies prior to filing the motion (ECF No. In both motions defendant sought compassionate release for essentially the same reasons cited in the instant motion. 72), and the second was filed on August 24, 2020. The first such motion was filed on J(ECF No. This is defendant’s third motion for compassionate release. Defendant further indicates that he is serving an “excessive sentence, ” as the Bureau of Prisons (“BOP”) has allegedly made an error in his sentence credit calculation. Defendant states that his age (63) and underlying medical conditions – high blood pressure, arthritis, a hernia, and an “undiagnose lump on le ft arm” – make him particularly vulnerable to suffering severe symptoms should he contract COVID-19. Of the Coronavirus within the prison and surrounding community. Modification of an Imposed Term of Imprisonment.-The court may not modify a term of imprisonment once it has been imposed except that- (1) in any case- (A) the court, upon motion of the Director of the Bureau of Prisons, or upon motion of the defendant after the defendant has fully exhausted all administrative rights to appeal a failure of the Bureau of Prisons to bring a motion on the defendant’s behalf or the lapse of 30 days from the receipt of such a request by the Case 2:18-cr-20063-BAF-EAS ECF No. For the reasons stated below, the Court shall deny the motion.ĭefendant, who is currently incarcerated at FCI Hazelton in Bruceton Mills, West Virginia, seeks compassionate release under 18 U.S.C. LR 7.1(f)(1), the Court shall decide this motion without a hearing. Defendant has not replied and the deadline for doing so has expired. The government has filed a response in opposition. ![]() MOTION FOR COMPASSIONATE RELEASE This matter is presently before the Court on defendant’s motion for compassionate release. SOUTHERN DIVISION UNITED STATES OF AMERICA, UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN ![]()
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