Opinion
Criminal 12-125
11-07-2022
UNITED STATES OF AMERICA, v. DAMON BOYD, Defendant.
ORDER
Cathy Bissoon, United States District Judge.
Defendant's Motion (Doc. 379) for reduction of sentence is denied.
Defendant's ineffective assistance assertions are not properly raised under 18 U.S.C. § 3582(c)(1)(A)(i). See United States v. Handerhan, 789 Fed.Appx. 924, 926 (3d Cir. 2019) (“The terms of neither the statute nor its policy statement provide for release on the basis of arguments . . . that were or could have been raised on direct appeal or in a § 2255 motion, let alone for defendants . . . who already have completed a § 2255 proceeding and who are subject to the restrictions on filing second or successive § 2255 motions.”). And to the extent Defendant premises his claim for relief on a generalized threat of the COVID-19 pandemic, his motion necessarily fails under circuit precedent. See United States v. Raia, 954 F.3d 594, 597 (3d Cir. 2020) (“[T]he mere existence of COVID-19 in society and the possibility that it may spread to a particular prison alone cannot independently justify compassionate release ....”).
Therefore, Defendant's Motion (Doc. 379) for modification of sentence is DENIED.
IT IS SO ORDERED.