Opinion
1:15-cr-00172-AA
09-09-2022
UNITED STATES OF AMERICA, Plaintiff, v. EMMANUEL KAZEEM, Defendant.
OPINION & ORDER
ANN AIKEN United States District Judge
This case comes before the Court on Defendant Emmanuel Kazeem's Motion for Sentence Reduction Under 18 U.S.C. § 3582(c)(1)(A). ECF No. 401. For the reasons set forth below, the Motion is DENIED.
BACKGROUND
In August 2017, Defendant was convicted of conspiracy, fraud, and identity theft following a jury trial. ECF No. 219. In June 2018, Defendant was sentenced to 180 months in prison followed by three years of supervised release. ECF No. 400. Defendant filed a motion for compassionate release in November 2020. ECF No. 401.
DISCUSSION
Defendant's motion for compassionate release, ECF No. 401, seeks a reduction in Defendant's sentence pursuant to the First Step Act. Generally, a federal court may not modify a term of imprisonment once it has been imposed. 18 U.S.C. § 3582(c). But this rule is subject to several exceptions, “one of which provides courts the discretion to grant a prisoner compassionate release when certain conditions are met.” United States v. Keller, 2 F.4th 1278, 1281 (9th Cir. 2021). In addition to the exhaustion of administrative remedies, a court must be satisfied that (1) “extraordinary and compelling reasons warrant such a reduction,” and must (2) consider the “factors set forth in section 3553(a) to the extent that they are applicable.” Id. at 1283-84. Although courts must consider each step when granting a motion for compassionate release, “a district court that properly denies compassionate release need not evaluate each step.” Id. at 1284 (emphasis in original).
In support of his motion, Defendant points to the risk of COVID-19 and the inability to maintain social distancing while in prison. This is not sufficient to constitute extraordinary and compelling circumstances warranting a reduction in Defendant's sentence. Accordingly, the Court need not examine the § 3553(a) factors and Defendant's Motion is DENIED.
It is so ORDERED