Opinion
2:11-CR-35-JRG-1
06-27-2022
UNITED STATES OF AMERICA v. FRANK QUINTON GAITOR
MEMORANDUM AND ORDER
J. RONNIE GREER, UNITED STATES DISTRICT JUDGE
Before the Court are Defendant's motion for compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A) [Doc. 160], which is opposed by the Government [Doc. 170], and Defendant's motion to hold case in abeyance [Doc. 172]. For the reasons that follow, Defendant's motions will be denied.
I. BACKGROUND
In May of 2012, Defendant was sentenced to 188 months of imprisonment based on his conviction for conspiracy to distribute and possession with the intent to distribute twenty-eight (28) grams or more of cocaine base in violation of 21 U.S.C. §§ 846, 841(b)(1)(B) [Doc. 86]. Defendant is presently housed at FCI Manchester, and his projected release date is April of 2028. See Inmate Locator, Bureau of Prisons, https//www.bop.gov.inmateloc/ (last visited May 24, 2022). He moves for compassionate release based on his health conditions amid the COVID-19 pandemic and his rehabilitation [Doc. 160].
II. MOTION TO HOLD CASE IN ABEYANCE
As a threshold matter, Defendant's motion for an abeyance will be denied. Defendant asks the Court to delay ruling on his compassionate release motion until the Sixth Circuit's en banc resolution United States v. McCall [Doc. 172]. McCall concerns the question of whether nonretroactive changes in sentencing law can support a finding of extraordinary and compelling reasons for compassionate release. However, as the Government points out, Defendant has not cited a change in sentencing law as a basis for relief [Doc. 173]. Therefore, abeyance is not warranted.
III. COMPASSIONATE RELEASE
“[O]nce a court has imposed a sentence, it does not have the authority to change or modify that sentence unless such authority is expressly granted by statute.” United States v. Thompson, 714 F.3d 946, 948 (6th Cir. 2013) (quoting United States v. Curry, 606 F.3d 323, 326 (6th Cir. 2010)). Pursuant to 18 U.S.C. § 3582(c)(1)(A)(i), district courts can modify a term of imprisonment if “extraordinary and compelling reasons” justify a sentence reduction and a reduction is consistent with the relevant factors in 18 U.S.C. § 3553(a). See also United States v. Jones, 980 F.3d 1098, 1109 (6th Cir. 2020) (holding that “federal judges” have “full discretion to define ‘extraordinary and compelling'” without reference to U.S. Sentencing Commission policy statement § 1B1.13). Before seeking compassionate release from the court, a defendant must first “exhaust the BOP's administrative process” or wait “thirty days after the warden has received the compassionate release request-whichever is earlier.” Jones, 980 at 1105.
Defendant submitted a request for compassionate release to the warden at his prison and more than thirty days have passed since he made that request [Doc. 160-1]. Thus, the Court has authority to consider the merits of Defendant's motion.
Defendant is fifty-three (53) years old and medical records from the Bureau of Prisons (“BOP”) show that he suffers from stage 1 chronic kidney disease, diabetes, and hypertension, among other conditions [Doc. 171, at 73-74]. The CDC has concluded that kidney disease and diabetes “can” increase the risk of serious illness from COVID-19. See People with Certain Medical Conditions, https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/people-with-medical-conditions.html (last visited May 24, 2022). The same is “possibly” true of hypertension. Id. Therefore, Defendant may be at an increased risk of serious complications from COVID-19.
However, Defendant's conditions are not severe. BOP classifies him as a Care Level 1 [Doc. 170-2], indicating that he is generally healthy with limited medical needs. See http://www.bop.gov/resources/pdfs/carelevelclassificationguide.pdf (last visited May 24, 2022). Significantly, Defendant contracted COVID-19 in January of 2021 and recovered [Doc. 171, at 76]. Also, Defendant is fully vaccinated [Id. at 81, 97, 121]. Defendant's “access to the COVID-19 vaccine substantially undermines his request for a sentence reduction” because “with access to the vaccine, an inmate largely faces the same risk from COVID-19 as those who are not incarcerated.” United States v. Lemons, 15 F.4th 747, 751 (6th Cir. 2021). Given the foregoing facts, Defendant's health conditions amid the COVID-19 pandemic are not extraordinary and compelling.
The Court also notes that COVID-19 appears to be fairly well controlled at Defendant's prison. FCI Manchester currently reports zero inmate cases and zero staff cases of COVID-19. COVID-19: Coronavirus, Bureau of Prisons, http://bop.gov/coronavirus/ (last visited June 24, 2022).
In addition to his health concerns, Defendant also asks the Court to consider his rehabilitative efforts [Doc. 160, at 2; see also Doc. 170-5]. The Court commends Defendant for his work with UNICOR and the educational classes he has completed. However, rehabilitation by itself cannot serve as the basis for a sentence reduction. 28 U.S.C. § 994(t) (“Rehabilitation of the defendant alone shall not be considered an extraordinary and compelling reason” for compassionate release.).
Accordingly, the Court finds that Defendant has not shown extraordinary and compelling reasons for a sentence reduction.
IV. CONCLUSION
Defendant's motion for compassionate release [Doc. 160] and motion to hold case in abeyance [Doc. 172] are therefore DENIED.
SO ORDERED.