Opinion
Case No. 3:20-cr-00261-JGC-1
07-13-2021
UNITED STATES of America, Plaintiff, v. Robert FARRIS, Defendant.
Alissa M. Sterling, Deyana F. Unis, Office of the U.S. Attorney, Toledo, OH, James L. Morford, Office of the U.S. Attorney, Cleveland, OH, for Plaintiff. Donna M. Grill, Public Defender, Office of the Federal Public Defender, Toledo, OH, for Defendant.
Alissa M. Sterling, Deyana F. Unis, Office of the U.S. Attorney, Toledo, OH, James L. Morford, Office of the U.S. Attorney, Cleveland, OH, for Plaintiff.
Donna M. Grill, Public Defender, Office of the Federal Public Defender, Toledo, OH, for Defendant.
ORDER
James G. Carr, Sr. U.S. District Judge
Defendant Robert Farris seeks compassionate release from custody. On September 1, 2020, Farris pled guilty to three criminal counts: 1) Possession with Intent to Distribute Crack Cocaine; 2) Possession of a Firearm in Furtherance of a Drug Trafficking Crime; and 3) Felon in Possession of a Firearm. On December 14, 2020, I sentenced him to seventy-eight months’ imprisonment.
Farris basis his current motion on the risks posed by Covid-19 in the prison environment and on his medical conditions. For the reasons discussed below, I deny his motion.
1. The Legal Standard
Section 3582(c)(1)(A)(i) states that a court:
may reduce the term of imprisonment (and may impose a term of probation or supervised release with or without conditions that does not exceed the unserved portion of the original term of imprisonment), after considering the factors set forth in section 3553(a) to the extent that they are applicable, if it finds that--
(i) extraordinary and compelling reasons warrant such a reduction;
Pursuant to the requirement of 28 U.S.C. § 994(t), the Sentencing Commission promulgated a policy statement setting out for sentence reduction in U.S.S.G. § 1B1.13 which require:
(1)(A) extraordinary and compelling reasons warrant the reduction;
(2) the defendant is not a danger to the safety of any other person or to the community, as provided in 18 U.S.C. § 3142(g) ; and
(3) the reduction is consistent with this policy statement.
2. Discussion
Farris argues that he should receive compassionate relief based on his hypertension and morbid obesity and the resulting threat of serious illness should he become infected with the Covid-19 virus. In light of the fact the Bureau of Prisons offered him Covid vaccination on March 1, 2021, (Doc. 29-1, pgID 303), and he continues to refuse it, (Doc. 30, pgID 327), his motion is meritless.
Farris asserts that he declined the proffered Pfizer vaccine "for health and safety concerns that are personal to Mr. Farris." (Doc. 30, pgID 327). That is his choice to make. But his poor judgment in declining a vaccine that has proven safe and effective and has been administered 334 million times in the United States alone, https://www.bloomberg.com/graphics/covid-vaccine-tracker-global-distribution, provides no basis for reducing his lawfully-imposed sentence.
Compassionate relief is available only to those who meet the threshold requirement of establishing extraordinary and compelling circumstances. At this time, any extraordinary circumstances Farris faces due to Covid risk are of his own making. His voluntary assumption of that risk is not a compelling circumstance but is quite the opposite.
Fortunately for Farris, as of this date, 142 staff members and 1081 of the 1525 inmates at FCI Gilmore are vaccinated. At present, no inmate or staff members are infected. https://www.bop.gov/coronavirus/#:~:text=COVID% 2D19% 20Cases,13% 2C952% 20in% 20community% 2Dbased% 20facilities.&text=Currently% 2C% 2022% 2C612% 20inmates% 20and% 202% 2C101,attributed% 20to% 20COVID% 2D19% 20disease. These facts significantly reduce Farris’ likelihood of becoming infected.
Because Farris fails to meet the threshold requirement, I need not address the sentencing factors stated in 18 U.S.C. § 3553. Nevertheless, I note that even if Farris could meet the "exceptional and compelling circumstances" threshold, the 18 U.S.C. § 3553 sentencing would preclude him from relief.
In his most recent trafficking offense, Farris’ converted drug weight was 170.91 kilograms of crack, and he was again a felon in possession of a firearm. He has an extraordinary lifelong criminal history that includes a shocking number of incidents of domestic violence against multiple women. He committed his present offenses while he was on supervised release from another violation. (See Doc. 17). Moreover, he has only served fifteen months – less than twenty percent – of his seventy-eight-month sentence. And, prior prison terms were not effective to deter him from further criminal drug trafficking and illegal weapon possession.
Accordingly, it is
ORDERED THAT
Farris’ motion for compassionate release (Doc. 23) shall be, and the same hereby is, denied.
So ordered.