Opinion
16 CR 809 (VM)
08-28-2020
UNITED STATES OF AMERICA v. LEWIS TURNBULL, Defendant.
DECISION AND ORDER VICTOR MARRERO, United States District Judge.
Lewis Turnbull ("Turnbull") is currently serving a sentence of 75 months' imprisonment. (See Dkt. No. 179 at 2.) By letter dated July 13, 2020, Turnbull moves this Court for compassionate release or a reduction of his sentence pursuant to 18 U.S.C. Section 3582(c)(1)(A) ("Section 3582"). (See "Motion," attached). For the reasons set forth below, the Court DENIES the Motion.
Section 3582 allows a court to reduce a term of imprisonment or supervised release after considering the factors set forth in 18 U.S.C. Section 3553(a) and finding that "extraordinary and compelling reasons warrant such a reduction." See Section 3582(c)(1)(A)(i). However, a court may do so only upon motion of the Director of the Bureau of Prisons ("BOP") or "upon motion of the defendant after the 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 by the warden of the defendant's facility, whichever is earlier." See Section 3582(c)(1)(A). Any reduction of sentence under Section 3582 must also be "consistent with applicable policy statements issued by the [United States] Sentencing Commission." Id. United States Sentencing Guidelines Section 1B1.13 ("Section 1B1.13") provides guidance on the circumstances under which "extraordinary and compelling reasons" exist.
In his Motion, Turnbull focuses on the risks presented by COVID-19, and in particular the unsafe conditions in prisons. He writes that prisoners are unable to socially distance themselves from one another, that they have only limited access to phone calls and the radio, and that their mail is being rejected and tampered with; Turnbull more specifically states that the prison is housing non-quarantined inmates in areas previously used by quarantined inmates without first sanitizing the area. Turnbull also argues that his family depends on him, and that while incarcerated he is unable to help them. He states that he has been experiencing stress, anger, anxiety, fear, and loss. Turnbull further highlights his rehabilitation while incarcerated, and notes that he has completed numerous programs and will be employed in construction upon release. Turnbull does not indicate whether he has submitted a request for compassionate release on these grounds to the warden of his facility, though he suggests that the facility has "denied everyone" compassionate release. (Motion at 1.)
Because Turnbull provides no proof that he has exhausted his administrative avenues for relief with the BOP or waited over thirty days for a response, the Court will deny the Motion. See United States v. Mathis, No. 02 CR 891, 2020 WL 550645, at *1 (E.D.N.Y. Feb. 4, 2020). As the Supreme Court has instructed, "[w]here Congress specifically mandates, exhaustion is required." McCarthy v. Madigan, 503 U.S. 140, 144 (1992).
Even if the Court could consider the merits of the Motion, it would deny relief because the grounds for release or a reduction of sentence cited by Turnbull do not present the "extraordinary and compelling reasons" required by Section 3582. Rehabilitation is certainly commendable, but the application notes to Section 1B1.13 specifically state that "rehabilitation of the defendant is not, by itself, an extraordinary and compelling reason." Section 1B1.13, Application Note 3. Accordingly, courts do not treat rehabilitation alone as an adequate basis to justify relief under Section 3582. See United States v. Lisi, No. 15 CR 457, 2020 WL 881994, at *4 (S.D.N.Y. Feb. 24, 2020). Turnbull's concerns about the coronavirus cannot justify relief on the record currently before the Court, either. Numerous courts have found that the risks posed by the pandemic alone do not constitute extraordinary and compelling reasons for release, absent additional factors such as advanced age or serious underlying health conditions that place a defendant at greater risk of negative complications from the disease. See, e.g., United States v. Shawn Olszewksi, No. 15 CR 364, 2020 WL 2420483, at *2-3 (S.D.N.Y. May 12, 2020); United States v. Jaramillo, No. 17 CR 4, 2020 WL 2306564, at *1 (S.D.N.Y. May 8, 2020). Thus, although the conditions Turnbull describes are alarming, any danger of infection with COVID-19 does not amount to an extraordinary and compelling reason for granting compassionate release. See United States v. Yeison Saldana, No. 15 CR 712, 2020 WL 2395081, at *2 (S.D.N.Y. May 12, 2020). If Turnbull has serious underlying health conditions, or can otherwise demonstrate "extraordinary and compelling reasons" that would warrant relief, he may raise those arguments in a renewed motion upon compliance with the exhaustion requirements of Section 3582.
Accordingly, it is hereby
ORDERED that the motion of Lewis Turnbull ("Turnbull") for compassionate release (see attached letter) is DENIED. The Clerk of Court is directed to mail this Decision and Order to Lewis Turnbull, Register Number 78342-054, FTC Oklahoma City, Federal Transfer Center, P.O. Box 898801, Oklahoma City, OK 73189.
SO ORDERED.
Dated: New York, New York
28 August 2020
/s/_________
Victor Marrero
U.S.D.J.
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