Opinion
6:15cr009
06-01-2022
UNITED STATES OF AMERICA v. TIMOTHY KENDALL MCDUFFIE
(COMPASSIONATE RELEASE)
ORDER ON MOTION FOR SENTENCE REDUCTION UNDER 18 U.S.C. § 3582(c)(1)(A)
HON. LISA GODBEY WOOD, JUDGE UNITED STATES DISTRICT COURT
Upon motion of [X] the defendant [ ] the Director of the Bureau of Prisons for a reduction in sentence under 18 U.S.C. § 3582(c)(1)(A), and after considering the applicable factors provided in 18 U.S.C. § 3553(a) and the applicable policy statements issued by the Sentencing Commission, IT IS ORDERED that the motion is:
[ ] GRANTED
[ ] The defendant's previously imposed sentence of imprisonment of is reduced to. If this sentence is less than the amount of time the defendant already served, the sentence is reduced to a time served; or
[ ] Time served.
If the defendant's sentence is reduced to time served:
[ ] This order is stayed for up to fourteen days, for the verification of the defendant's residence and/or establishment of a release plan, to make appropriate travel arrangements, and to ensure the defendant's safe release. The defendant shall be released as soon as a residence is verified, a release plan is established, appropriate travel arrangements are made,
and it is safe for the defendant to travel. There shall be no delay in ensuring travel arrangements are made. If more than fourteen days are needed to make appropriate travel arrangements and ensure the defendant's safe release, the parties shall immediately notify the court and show cause why the stay should be extended; or
[ ] There being a verified residence and an appropriate release plan in place, this order is stayed for up to fourteen days to make appropriate travel arrangements and to ensure the defendant's safe release. The defendant shall be released as soon as appropriate travel arrangements are made and it is safe for the defendant to travel. There shall be no delay in ensuring travel arrangements are made. If more than fourteen days are needed to make appropriate travel arrangements and ensure the defendant's safe release, then the parties shall immediately notify the court and show cause why the stay should be extended.
The defendant must provide the complete address where the defendant will reside upon release to the probation office in the district where they will be released because it was not included in the motion for sentence reduction.
[ ] Under 18 U.S.C. § 3582(c)(1)(A), the defendant is ordered to serve a “special term” of [ ] probation or [ ] supervised release of months (not to exceed the unserved portion of the original term of imprisonment).
[ ] The defendant's previously imposed conditions of supervised release apply to the “special term” of supervision; or
[ ] The conditions of the “special term” of supervision are as follows:
[ ] The defendant's previously imposed conditions of supervised release are unchanged.
[ ] The defendant's previously imposed conditions of supervised release are modified as follows:
[ ] DEFERRED pending supplemental briefing and/or a hearing. The court DIRECTS the United States Attorney to file a response on or before, along with all Bureau of Prisons records (medical, institutional, administrative) relevant to this motion.
[X] DENIED after complete review of the motion on the merits.
[X] FACTORS CONSIDERED (Optional)
Defendant contends his medical conditions, i.e. diabetes, hypertension, heart condition, and a collapsed lung, together with the risk of COVID-19, qualify as “extraordinary and compelling reasons” under 18 U.S.C. § 3582(c) that warrant compassionate release. His medical records, however, do not reflect that his conditions substantially diminish his ability to engage in self-care within his facility. Moreover, Defendant has been fully vaccinated against COVID-19 and indeed recovered from a suspected case in July 2020. General concerns regarding COVID-19 alone do not qualify as extraordinary and compelling reasons warranting compassionate release. As such, the Court finds Defendant has shown no extraordinary and compelling reason for release under § 3582(c).
Additionally, the factors contained in 18 U.S.C. § 3553(a) weigh in favor of Defendant serving the sentence imposed. In the underlying case, Defendant pleaded guilty to possession of a firearm in furtherance of a drug trafficking crime. Defendant's advisory guidelines range was sixty months' imprisonment, the statutory minimum. The Court varied upward and sentenced Defendant to eighty months' imprisonment. Notably, by entering into the plea agreement. Defendant avoided exposure to further sentencing liability. For example, had he been convicted of all counts in the indictments under which he was charged, he would have been designated an armed career criminal, subject to a fifteen-year minimum sentence under 1 8 U.S.C. § 924(e). Currently, Defendant's projected release date is September 16. 2024, meaning he has approximately twenty-seven months left to serve. Defendant's criminal history is also concerning. He has fifteen prior convictions, four of which involved drug distribution and two of which involved violence against women. It appears Defendant's previous convictions and probation revocation did not deter him from committing another offense. Indeed, Defendant was recently sanctioned by the Bureau of Prisons for his behavior and has been assigned a medium recidivism level. The Court concludes that granting Defendant compassionate release at this juncture would not reflect the seriousness of his crime, promote respect for the law, provide just punishment for the offense, nor afford general or specific deterrence for similar offenses.
[ ] DENIED WITHOUT PREJUDICE because the defendant has not exhausted all administrative remedies as required in 18 U.S.C. § 3582(c)(l)(A), nor have 30 days lapsed since receipt of the defendant's request by the warden of the defendant's facility.
IT IS SO ORDERED.