Opinion
3:11-cr-00413-MO-1
05-26-2020
UNITED STATES OF AMERICA, v. HARRY A. HINTSALA, Defendant.
OPINION AND ORDER
MICHAEL W.MOSMAN, UNITED STATES DISTRICT JUDGE.
On April 24, 2020, Defendant moved for this court to grant him early release from his 10-year prison sentence in order to protect him from the possibility of contracting COVID-19, for which he was at high risk for serious health complications if he were to contract it. See generally Mot. for Release [ECF 89]. On May 12, 2020, this court held an oral argument on the matter and tentatively granted compassionate release on the condition that Defendant provide the court with a release plan that the court would then approve. Min. of Proceedings [ECF 99].
The following day, the Government learned that Defendant had tested positive for COIVD-19 five days prior to the May 12 hearing. Mot. for Reconsideration [ECF 100] at 1. The Government moved for reconsideration of Defendant's request for early release, given that his grounds for compassionate release were moot, as he had already contracted the illness and was not suffering any complications, nor was he receiving inadequate care. Id. at 2. Defendant argued that compassionate release remained an appropriate remedy, in light of the continued risk that he be re-exposed to the virus and due to the “chaotic and dangerous” nature of the federal prison in which he resides. Opp. to Reconsideration [ECF 106] at 1.
Upon review, I find that the conditions for early release are not met. A court may order a reduction in a prisoner's sentence if “extraordinary and compelling reasons” exist for doing so. 18 U.S.C. § 3582(c)(1)(A)(i). Defendant's argument had been that his unique vulnerability to COVID-19 and high likelihood of complications constituted extraordinary and compelling reasons to grant him early release. This may have been so at the time Defendant made his motion. But the arguments he brings now-that the pandemic creates a generally chaotic atmosphere in the prison and that he may be at risk for re-exposure to the virus-do not demonstrate extraordinary or compelling reasons for release. This is because the arguments Defendant makes could apply to any inmate in any federal prison at this moment in time. While that is an unfortunate reality, “extraordinary and compelling” typically does not mean circumstances that apply to virtually every federal prisoner, and Defendant has not provided reasons why the COVID-19 pandemic should be viewed otherwise.
Defendant can no longer demonstrate that he is at any unique risk for COVID-19, nor has he demonstrated that he is not receiving adequate medical care. Therefore, there does not exist any extraordinary and compelling reason, specific to Defendant, upon which to grant him early release. // //
CONCLUSION
For the reasons stated above, the Government's Motion for Reconsideration [100] is GRANTED, and Defendant's Motion to Reduce Sentence [89] is DENIED.
IT IS SO ORDERED.