Opinion
Criminal No. 17-32 (JRT/SER)
03-18-2021
UNITED STATES OF AMERICA, Plaintiff, v. LUIS ANGEL MIRANDA, Defendant.
LeeAnn K. Bell, UNITED STATES ATTORNEY'S OFFICE, 300 South Fourth Street, Suite 600, Minneapolis, MN 55415, for plaintiff. Ryan Patrick Garry, RYAN GARRY ATTORNEY LLC, 333 South Seventh Street, Suite 2350, Minneapolis, MN 55402, for defendant.
MEMORANDUM OPINION AND ORDER DENYING MOTION FOR COMPASSIONATE RELEASE
LeeAnn K. Bell, UNITED STATES ATTORNEY'S OFFICE, 300 South Fourth Street, Suite 600, Minneapolis, MN 55415, for plaintiff. Ryan Patrick Garry, RYAN GARRY ATTORNEY LLC, 333 South Seventh Street, Suite 2350, Minneapolis, MN 55402, for defendant.
Defendant Luis Angel Miranda is serving a 120-month sentence after pleading guilty to possession with intent to distribute methamphetamine. Miranda asks the Court to grant him compassionate release due to the COVID-19 pandemic. Because Miranda fails to demonstrate that extraordinary and compelling reasons warrant reduction of his sentence, and because such a reduction would be inconsistent with the 18 U.S.C. § 3553(a) sentencing factors and applicable policy statements, the Court will deny Miranda's Motion for Compassionate Release.
BACKGROUND
On April 21, 2017, Miranda pleaded guilty to possession with intent to distribute methamphetamine. (Plea Agreement at 1, Apr. 21, 2017, Docket No. 22.) On December 7, 2017, Miranda was sentenced to a 120-month term of imprisonment. (Sentencing J. at 2, Dec. 11, 2017, Docket No. 46.)
Miranda is currently incarcerated at the United States Penitentiary in Lompoc, California ("USP Lompoc"). Inmate Locator, Fed. Bureau of Prisons, https://www.bop.gov/inmateloc (last visited Mar. 16, 2021). His projected release date is August 21, 2025. Id. After accounting for good time, Miranda has served approximately 45% of the statutory term of imprisonment. (Sealed Ex. C at 2, Jan. 11, 2021, Docket No. 68-3.)
Currently, USP Lompoc has no reported active COVID-19 cases among inmates and four reported active cases among staff. COVID-19 Coronavirus, Fed. Bureau of Prisons, https://www.bop.gov/coronavirus/ (last visited Mar. 16, 2021). There have been two reported COVID-19-related deaths among inmates at USP Lompoc during the pandemic. Id.
On June 30, 2020, Miranda requested a reduction in sentence from the warden at USP Lompoc, which the warden denied on July 30. (Sealed Ex. F at 1-2, Jan. 11, 2021, Docket No. 68-6.) Miranda now asks the Court to reduce his sentence to time served. (Mot. Compassionate Release, Sept. 3, 2020, Docket No. 59). The United States opposes the Motion.
Miranda also asks the Court to file documents under seal in connection with his Motion for Compassionate Release. (Mot. Seal, Jan. 11, 2021, Docket No. 69.) The Court will grant the Motion to Seal.
DISCUSSION
The First Step Act, passed in December 2018, amended the procedure for compassionate release. See First Step Act of 2018, Pub. L. No. 115-391, 132 Stat. 5194, 5239 (codified at 18 U.S.C. § 3582(c)(1)(A)). The law now allows defendants, in addition to the Bureau of Prisons ("BOP"), to move for compassionate release after a defendant has fully exhausted all administrative rights to appeal a failure of the BOP to bring a motion on the defendant's behalf or the lapse of 30 days from the receipt of such a request, whichever is earlier. 18 U.S.C. § 3582(c)(1)(A). As such, Miranda's Motion is ripe for review, as the relevant 30 days have lapsed.
The Court may modify a defendant's sentence after considering the "factors set forth in section 3553(a)," if it finds that "extraordinary and compelling reasons warrant such a reduction" and that "such a reduction is consistent with applicable policy statements issued by the Sentencing Commission." Id. The Sentencing Commission notes that extraordinary and compelling reasons may exist when a defendant is suffering from a terminal illness or a serious physical or medical condition that substantially diminishes the defendant's ability to provide self-care. U.S.S.G. § 1B1.13 cmt. n.1. Here, however, Miranda has no such illness or condition. Moreover, Miranda has received the first of two vaccine shots to prevent him from experiencing severe complications from COVID-19. As such, the Court finds that there are no extraordinary or compelling reasons warranting a reduction of Miranda's sentence.
Miranda suffers from high blood pressure and is obese, and he alleges a history of smoking. Miranda has not, however, demonstrated that any of these conditions present a terminal illness or substantially diminish his ability to provide self-care.
(Sealed Gov't Ex. 1 at 2, March 10, 2021, Docket No. 75.) --------
Additionally, the Court finds that a reduction of Miranda's sentence would not comport with the factors set forth in § 3553(a) and the applicable policy statements from the Sentencing Commission. See 18 U.S.C. § 3553(a); U.S.S.G. § 1B1.13. Miranda has served less than half of the statutory term of imprisonment. Reducing his term of imprisonment to time served would thus create sentence disparities and minimize the seriousness of his crime. Furthermore, given the harmful impact that the distribution of drugs has on communities, reducing Miranda's sentence to time served would pose a danger to others and the community.
In sum, extraordinary and compelling reasons do not warrant a reduction of Miranda's sentence. Nor would such a reduction be consistent with the relevant sentencing factors and policy statements. The Court will therefore deny Miranda's Motion.
ORDER
Based on the foregoing and on all the files, records, and proceedings herein, IT IS HEREBY ORDERED that:
1. Defendant's Motion for Compassionate Release [Docket No. 59] is DENIED.
2. Defendant's Motion to Seal [Docket No. 69] is GRANTED.
DATED: March 18, 2021
at Minneapolis, Minnesota.
/s/_________
JOHN R. TUNHEIM
Chief Judge
United States District Court