Opinion
2:17-CR-335 TS
02-01-2022
UNITED STATES OF AMERICA, Plaintiff, v. MAKASINI LOMU, Defendant.
MEMORANDUM DECISION AND ORDER DENYING DEFENDANT'S RENEWED MOTION IN SUPPORT OF IMMEDIATE RELEASE UNDER FIRST STEP ACT
Ted Stewart Judge
This matter is before the Court on Defendant's Renewed Motion in Support of Immediate Release Under First Step Act. The Court previously denied Defendant's request for release, concluding that Defendant had failed to demonstrate extraordinary and compelling reasons to warrant a sentence reduction and release was not consistent with the Court's consideration of the 18 U.S.C. § 3553(a) factors. The Court remains convinced that Defendant's release does not comport with the consideration of the § 3353(a) factors for substantially the same reasons already stated.
Docket No. 998.
Moreover, to the extent that Defendant's Motion was based on her concern of contracting COVID-19, that portion of her Motion is now moot based on her recent positive diagnosis. See United States v. Read-Forbes, 843 Fed.Appx. 131, 134 (10th Cir. 2021) (dismissing appeal from denial of compassionate release as moot where appellant tested positive for COVID-19 after filing her appeal).
It is therefore
ORDERED that Renewed Motion in Support of Immediate Release Under First Step Act (Docket No. 1037) is DENIED.