Opinion
2:08-CR-00093-KJM 2:08-CR-00116-KJM
06-24-2021
United States of America, Plaintiff, v. Charles Christopher Head, Defendant.
ORDER
Through his counsel, Mr. Head moves for compassionate release under 18 U.S.C. § 3582 (C)(1)(A)(i). Mot, ECF No. 1734. The government opposes on numerous grounds, including Mr. Head's refusal of the COVID-19 vaccine. See generally Opp'n, ECF No. 1736. As evidence of his refusal, the government cites a line in Mr. Head's medical records. See Opp'n at 2, 6, 10, (citing Head Medical Records at 58, ECF No. 1744-1 (under seal)). The page the government points to also provides: “inmate reports hx severe reaction to vaccination in past. PCP does not want inmate to receive COVID-19 vaccination due to this history.” Head Medical Records at 58. In response, Mr. Head asserts in a declaration, signed under penalty of perjury, that the Bureau of Prisons is refusing to give him the vaccine. Reply at 2, 4, ECF No. 1746; see also Head Decl. ¶¶ 1, 6-10, ECF No. 1746-1.
If the government wishes to respond to Mr. head's claim in his declaration, it may do so in a written filing within seven days.
IT IS SO ORDERED.