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United States v. Diallo

United States District Court, Southern District of New York
Jul 9, 2021
11-cr-0059 (LAK) (S.D.N.Y. Jul. 9, 2021)

Opinion

11-cr-0059 (LAK)

07-09-2021

UNITED STATES OF AMERICA, v. SAIKOU DIALLO, Defendant.


ORDER

LEWIS A. KAPLAN, District Judge.

For the reasons stated by the government, defendant's reliance on COVID related circumstances to establish extraordinary and compelling circumstances is without merit. Among other things, the risk of contracting COVID does not do so in the case of an individual who was offered and refused vaccination as. is the case with this defendant. Hence, the extraordinary and compelling circumstances argument boils down, as the government contends, to the contention that defendant has undergone substantial rehabilitation. Granting relief on that ground alone would run afoul of 28 U.S.C. § 994(t). Accordingly, I hold that the defendant is foreclosed as a matter of law from relief under 18 U S C § 3582(c).

There is no suggestion that defendant refused the vaccine on religious grounds, which might present the matter in a different light.

The motion [Dkt 972] is denied.

SO ORDERED.


Summaries of

United States v. Diallo

United States District Court, Southern District of New York
Jul 9, 2021
11-cr-0059 (LAK) (S.D.N.Y. Jul. 9, 2021)
Case details for

United States v. Diallo

Case Details

Full title:UNITED STATES OF AMERICA, v. SAIKOU DIALLO, Defendant.

Court:United States District Court, Southern District of New York

Date published: Jul 9, 2021

Citations

11-cr-0059 (LAK) (S.D.N.Y. Jul. 9, 2021)