Opinion
16-CR-00237
01-27-2023
UNITED STATES OF AMERICA v. ANTHONY LAZZARINO
ORDER ON MOTION FOR SENTENCE REDUCTION UNDER 18 U.S.C. § 3582(c)(1)(A)
(COMPASSIONATE RELEASE)
Upon motion of [x] the defendant [] the Director of the Bureau of Prisons for a reduction in sentence under 18 U.S.C. § 3582(c)(1)(A), and after considering the applicable factors provided in 18 U.S.C. § 3553(a) and the applicable policy statements issued by the Sentencing Commission, IT IS ORDERED that the motion is:
□ GRANTED
The defendant's previously imposed sentence of imprisonment of is reduced to . If this sentence is less than the amount of time the defendant already served, the sentence is reduced to a time served; or
[] Time served.
If the defendant's sentence is reduced to time served:
[] This order is stayed for up to fourteen days, for the verification of the defendant's residence and/or establishment of a release plan, to make appropriate travel arrangements, and to ensure the defendant's safe release. The defendant shall be released as soon as a residence is verified, a release plan is established, appropriate travel arrangements are made,and it is safe for the defendant to travel. There shall be no delay in ensuring travel arrangements are made. If more than fourteen days are needed to make appropriate travel arrangements and ensure the defendant's safe release, the parties shall immediately notify the court and show cause why the stay should be extended; or
[] There being a verified residence and an appropriate release plan in place, this order is stayed for up to fourteen days to make appropriate travel arrangements and to ensure the defendant's safe release. The defendant shall be released as soon as appropriate travel arrangements are made and it is safe for the defendant to travel. There shall be no delay in ensuring travel arrangements are made. If more than fourteen days are needed to make appropriate travel arrangements and ensure the defendant's safe release, then the parties shall immediately notify the court and show cause why the stay should be extended.
[] The defendant must provide the complete address where the defendant will reside upon release to the probation office in the district where they will be released because it was not included in the motion for sentence reduction.
[] Under 18 U.S.C. § 3582(c)(1)(A), the defendant is ordered to serve a “special term” of [] probation or [] supervised release of months (not to exceed the unserved portion of the original term of imprisonment).
[] The defendant's previously imposed conditions of supervised release apply to the “special term” of supervision; or
[] The conditions of the “special term” of supervision are as follows:
[] The defendant's previously imposed conditions of supervised release are unchanged.
[] The defendant's previously imposed conditions of supervised release are modified as follows:
[] DEFERRED pending supplemental briefing and/or a hearing. The court DIRECTS the United States Attorney to file a response on or before, along with all Bureau of Prisons records (medical, institutional, administrative) relevant to this motion.
[x] DENIED after complete review of the motion on the merits.
[x] FACTORS CONSIDERED (Optional)
Defendant has failed to establish that extraordinary and compelling reasons exist warranting a reduction in his sentence. His documented medical conditions do not rise to the level of "extraordinary and compelling circumstances," even during the COVID-19 pandemic. United States v. Eberhart, 448 F.Supp.3d 1086, 1090 (N.D. Cal 2020) ("General concerns about possible exposure to COVID-19 do not meet the criterial for extraordinary and compelling reasons for a reduction in sentence.") Moreover, Defendant has already been infected with and recovered from COVID-19. See Opp'n at 7, ECF No. 264. Post-infection, Defendant refused to be vaccinated, claiming to be allergic despite his medical records indicating he has no allergies. Mot. at 3, ¶ 16, ECF No. 261; BOP Medical Records at 66, 195, Ex. 2 to Opp'n.; Opp'n at 10. Defendant has served approximately 19 months of a sentence of 78 months. BOP Inmate Data, Ex. 1 to Opp'n, ECF No. 264-1. Considering the serious nature of his crime, a reduction in his sentence at this point would undermine the 18 U.S.C. § 3553 sentencing factors by minimizing the original sentence's deterrent effect and failing to protect the public from the possibility of further crimes by Defendant. Defendant's Motion to Reduce Sentence is DENIED.
[] DENIED WITHOUT PREJUDICE because the defendant has not exhausted all administrative remedies as required in 18 U.S.C. § 3582(c)(1)(A), nor have 30 days lapsed since receipt of the defendant's request by the warden of the defendant's facility.
IT IS SO ORDERED.