Opinion
CASE NO. 4:17-cr-00524
05-17-2021
UNITED STATES OF AMERICA, Plaintiff, v. DAINON L. JONES, Defendant.
OPINION & ORDER
[Resolving Docs. 97, 98] :
Defendant Dainon L. Jones requests a reduced sentence under the compassionate release statute, 18 U.S.C. § 3582. The Government opposes.
Docs. 97, 98, 99, 103, 113.
Docs. 106, 112.
For the following reasons, the Court DENIES Jones's motion.
I. Background
On February 8, 2018 Jones pleaded guilty to one count of drug conspiracy. On May 30, 2018, this Court sentenced Jones to 121 months of incarcerations and five years of supervised release.
Doc. 17.
Doc. 28.
II. Discussion
On September 14, 2020, Jones moved for compassionate release. Jones seeks a sentence reduction due to certain health conditions that can increase his risk for serious illness if he contracts COVID-19.
Doc. 97.
Id. See also Doc. 103; Doc. 11 3.
The Government opposes. The Government argues Jones has not established that extraordinary and compelling reasons warrant release. Moreover, the Government contends the § 3553 factors do not support a sentence reduction.
Doc. 106.
Id.
A. Exhaustion
The Court may modify a defendant's sentence upon a motion from the defendant if the defendant filed the motion thirty or more days after the defendant sent a compassionate release request to their warden.
18 U.S.C. § 3582(c)(1)(A); see also United States v . Alam, 960 F.3d 831, 834-35 (6th Cir. 2020).
The government concedes that Jones has satisfied the statutory exhaustion requirement.
Doc. 106 at 2.
B. Eligibility
Generally, to grant compassionate release, a court must: (1) "find that extraordinary and compelling reasons warrant [a sentence] reduction," (2) "ensure that such a reduction is consistent with applicable policy statements issued by the Sentencing Commission," and (3) "consider[ ] all relevant sentencing factors listed in 18 U.S.C. § 3553(a)."
"[I]n the absence of an applicable policy statement for inmate-filed compassionate-release motions, district courts have discretion to define 'extraordinary and compelling' on their own initiative." U .S. v. Elias, 984 F.3d 516, 519-20 (6th Cir. 2021).
Id. at 518. (citing U .S. v. Jones, 980 F.3d 1098, 1111 (6th Cir. 2020) (citing 18 U.S.C. § 3582(c)(1)(A))) (internal quotation marks omitted).
However, there are presently no applicable Sentencing Commission policy statements for inmate-filed compassionate release motions. Therefore, in cases, as here, where an inmate files a motion on their own behalf, the court "may skip step two."
See Elias , 984 F.3d at 519 ("[U.S.S.G.] § 1B1.13 is not an applicable policy statement for compassionate-release motions brought directly by inmates, and so district courts need not consider it when ruling on those motions."); Jones , 980 F.3d at 1108 (stating that "[t]he Commission's policy statement on compassionate release resides in U.S.S.G. § 1B1.13" but explaining that "§ 1B1.13 does not 'appl[y]' to cases where an imprisoned person files a motion for compassionate release.").
Jones , 980 F.3d at 1111.
In this case, the Court is not persuaded that extraordinary and compelling reasons justify early release. The Court acknowledges that Jones suffers from hypertension and moderate obesity, both of which can increase his risk for serious illness if he contracts COVID-19. But the risk of contracting COVID-19 at FCI Elkton, where Jones is housed, has decreased in recent weeks. Presently, there are no confirmed COVID-19 cases among inmates, and only one staff member currently has COIVD-19. Moreover, FCI Elkton has fully vaccinated 940 of its 1,397 inmates.
Doc. 103-2.
See Centers for Disease Control and Prevention, Medical Conditions, May. 13, 2021, https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/people-with-medical-conditions.html (last visited May 14, 2021).
See Federal Bureau of Prisons, COVID-19 Cases FCI Elkton, May 14, 2021, https://www.bop.gov/coronavirus/ (last visited May 14, 2021).
See Federal Bureau of Prisons, COVID-19 Vaccine Implementation, May 14, 2021, https://www.bop.gov/coronavirus/ (last visited May 14, 2021).
See Federal Bureau of Prisons, FCI Elkton, https://www.bop.gov/locations/institutions/elk/ (last visited May 14, 2021).
Further, the § 3553 factors do not support compassionate release. Jones has a long criminal history and the crime for which he is currently imprisoned was very serious. The sentence this Court imposed properly reflects the nature and seriousness of Jones's offense and his criminal history.
Doc. 106 at 15-16.
Id. at 14-15.
III. Conclusion
For the foregoing reasons, the Court DENIES Jones's request for compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A)(i).
IT IS SO ORDERED. Dated: May 17, 2021
s/ James S . Gwin
JAMES S. GWIN
UNITED STATES DISTRICT JUDGE