Opinion
11-CR-6160L
07-14-2020
UNITED STATES of America, Plaintiff, v. Firkon JAMES, Defendant.
Richard A. Resnick, Robert Marangola, U.S. Attorney's Office, Rochester, NY, for Plaintiff.
Richard A. Resnick, Robert Marangola, U.S. Attorney's Office, Rochester, NY, for Plaintiff.
DECISION AND ORDER
DAVID G. LARIMER, United States District Judge
Defendant Firkon James ("James") filed a motion (Dkt. #148), pro se , seeking release from custody pursuant to 18 U.S.C. § 3582(c)(1)(A). The Government filed a Response (Dkt. #151) opposing the motion in all respects. The Probation Department for the Western District of New York filed a Report (Dkt. #150) concerning James's status at FCI Fort Dix, where James is currently being housed.
In September 2012, James pleaded guilty to conspiracy to distribute 280 grams or more of cocaine base. As reflected in the Presentence Report (Dkt. #80), James has an extensive previous criminal record, including five prior felony drug convictions.
Based on the facts of the instant case and the prior record, James was sentenced to 300 months imprisonment and 10 years of supervised release. As mentioned, James is currently serving his sentence at FCI Fort Dix with a projected release date in November 2031.
For several reasons, James motion must be denied. The basis for the motion is the public health crisis involving the COVID-19 virus. James claims he is susceptible to contracting the virus.
An inmate seeking release must establish two things at the outset. First, the inmate must establish that he has exhausted administrative remedies by seeking release from the Warden or the Bureau of Prisons ("BOP"). According to the Government's submission, James has not made that administrative request since the BOP has no record of any such application. Therefore, on this basis alone, the Court must deny the motion.
But on the merits, I do not believe James is entitled to relief. It is clear that an inmate seeking release has a heavy burden of establishing extraordinary and compelling reasons to change and modify the sentence originally imposed. In this case, the sentence was indeed significant, 300 months, because of James's criminal drug trafficking and his prior record. James has not established such serious preexisting medical conditions that make him more susceptible to contracting the virus than another inmate. The original Presentence Report, at paragraph 100, noted that James reported that he was in good health, although he did reference the fact that in 2007, 13 years ago, he was stabbed and suffered a punctured lung at the time. That incident, although occurring many years ago, which apparently only causes him occasional pain, does not make him a high risk candidate to contract the COVID-19 virus.
As noted by the Government and Probation in its Report, he is classified by the BOP at the lowest medical care level and that there are no concerns in his medical file indicating special needs. There do not appear to be any medical issues of any kind noted in the medical records. James is not of advanced age since he is now 44 and continues to engage in all work details and educational programming at the facility. Furthermore, as indicated in Probation's Report, there has not been a single case of COVID-19 in the specific compound where James has been housed. The few positive cases at FCI Fort Dix (14 inmates) were in other areas of the Fort Dix facility.
It does appear also that FCI Fort Dix has taken significant steps to deal with the virus and protect the inmates and those procedures are set out in the Government's Response, pp. 10-11.
The Section 3553(a) factors also do not support early release. As the Government notes, this conviction was James's sixth felony drug conviction. The Government sets forth in vivid detail in its Response, pp. 12-13, James's significant and repeat drug offenses involving significant quantities of narcotics and firearms.
CONCLUSION
Defendant Firkon James's motion (Dkt. #148) for compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A) is DENIED.
IT IS SO ORDERED.