Opinion
15-CR-6064L
07-14-2020
UNITED STATES of America, Plaintiff, v. Todd Glenn DEAN, Defendant.
John J. Field, U.S. Attorney's Office, Rochester, NY, for Plaintiff.
John J. Field, U.S. Attorney's Office, Rochester, NY, for Plaintiff.
DECISION AND ORDER
DAVID G. LARIMER, United States District Judge
Defendant Todd Glenn Dean ("Dean") filed two motions (Dkt. ##35, 38), pro se , seeking compassionate release from imprisonment based on the COVID-19 pandemic. Although Dean does not reference the statute, the Court will treat this as a motion pursuant to 18 U.S.C. § 3582(c)(1)(A) for compassionate release. The Government has filed a Response (Dkt. #37) opposing the motion and the United States Probation Office has filed a Report (Dkt. #39) relating to Dean, his medical history and the circumstances at FCC Coleman I, where Dean is currently housed.
On May 12, 2015, Dean pleaded guilty to a one-count Information charging him with coercion and enticing a minor to engage in sexual activity, in violation of 18 U.S.C. § 2422(b). The plea was entered pursuant to a Plea Agreement in which Dean admitted that he had been classified as a Level III registered sex offender and that he had approached a minor relating to engaging in sexual conduct. In December 2015, this Court sentenced Dean principally to a term of 260 months imprisonment. Dean's conviction was affirmed by the United States Court of Appeals for the Second Circuit on February 8, 2017. Dean has now served approximately one-third of his sentence but his projected release date is March 2030.
The basis for Dean's motion is the public health crisis involving the COVID-19 virus. Certainly the pandemic involving that virus is quite serious and those confined to jails and correctional facilities face issues and concerns not shared by those not incarcerated.
But, for several reasons, Dean's motion for compassionate release must be denied. First of all, it appears that Dean has failed to exhaust his administrative remedies by filing a request for release with the Warden or the Bureau of Prisons ("BOP"). The Government's Response indicates that they have reviewed the records and there is no record of Dean making any administrative requests and Dean, in his motion, does not claim that he has done so. For that basis alone, for failure to comply with the statutory requirement that he first seek relief administratively, his present motion must be denied.
But even had there been exhaustion, the motion would be denied. Defendant is now 56 years old and is therefore in relatively advanced age. He does have some health concerns, specifically a history of prediabetes and asthma. Dean is treated as a Level II inmate and is not deemed an at-risk inmate. According to the Report of Probation, Dean has been described as prediabetic but apparently has refused further laboratory testing for the last several years to clarify the condition and there is apparently no family history of diabetes. Although Dean was diagnosed with asthma during childhood, it is apparently controlled with medication.
Dean does have some orthopedic issues stemming from a 25-year-old motor vehicle accident where he injured his knee, neck and shoulder. That condition and the other medical issues involving acid reflex are all treated adequately with medication. In sum, none of Dean's medical conditions, whether considered separately or in combination, place him in an especially vulnerable position to contract the COVID-19 virus.
Furthermore, it appears that the BOP at FCC Coleman I have appropriately dealt with the virus and its treatment. As of the time of Probation's Report (Dkt. #39) on June 5, 2020, no inmates had the disease and there had not been any inmate or staff deaths.
The law is clear that an inmate seeking release relief has the burden to demonstrate that there are compelling and extraordinary reasons to warrant his release from the imposed sentence. In this case, Dean has approximately 10 years left on his sentence. Based on all of the factors, after reviewing Dean's motion, the Government's Response and the Report from Probation, and considering all of the sentencing factors under 18 U.S.C. § 3553(a), the Court believes that the motion must be denied.
CONCLUSION
Defendant Todd Glenn Dean's motions (Dkt. ##35, 38) for compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A) is DENIED.
IT IS SO ORDERED.