Opinion
CASE NO. 3:17-CR-223-WKW [WO]
04-06-2021
UNITED STATES OF AMERICA v. MARQUIS LANEZ MILLER
ORDER
Before the court is Defendant Marquis Lanez Miller's pro se motion for compassionate release (Doc. # 1126), in which Mr. Miller seeks to modify an imposed term of imprisonment pursuant to 18 U.S.C. § 3582(c)(1)(A)(i). He requests early release based on the COVID-19 pandemic and his medical conditions. The Government has responded in opposition. (Doc. # 1133.)
Mr. Miller was convicted based on his guilty plea to multiple counts involving firearm offenses and a conspiracy to distribute large quantities of controlled substances. As a result of his conviction, Mr. Miller was sentenced to 81 months' imprisonment. (Doc. # 1060.) Mr. Miller's projected release date is January 25, 2023. See https://www.bop. gov/inmateloc/ (last visited Apr. 6, 2021).
Based upon a thorough review of the record, Mr. Miller has not shown "extraordinary and compelling reasons" warranting his early release from prison. 18 U.S.C. § 3582(c)(1)(A). He has not demonstrated that his medical conditions under the specific conditions of confinement at Hazelton USP place him at a risk that is substantial enough to warrant early release. In particular, Mr. Miller has not demonstrated that the medical staff at Hazelton USP is unable to provide him adequate healthcare. See 18 U.S.C. § 3553(a)(2)(D); see also United States v. Sanchez, No. 2:17CR337-MHT, 2020 WL 3013515, at *1 (M.D. Ala. June 4, 2020) (denying an inmate's motion for compassionate release in part based on the absence of evidence "that the prison is unable to meet [the inmate's] medical needs" (citing § 3553(a)(2)(D))). It also is noted that Mr. Miller tested positive for COVID-19 in July 2020 and has recovered (Doc. # 1133-5, at 1; Doc. # 1133-6, at 59) and that he was offered the COVID-19 vaccine on January 7, 2021, but refused it (Doc. # 1133-7, at 12). The early availability of the vaccine at Hazelton USP is another indication that the Bureau of Prisons is treating COVID-19 seriously and is continuing to take steps to protect the health and safety of the inmates within its custody, including Mr. Miller.
Finally, the balancing of the § 3553(a) factors does not favor release. In particular, the nature of Mr. Miller's drug and firearms offenses, his history and characteristics, and the need to protect the public weigh against a sentence reduction to time served.
Accordingly, it is ORDERED that Mr. Miller's motion for compassionate release (Doc. # 1126) is DENIED.
DONE this 6th day of April, 2021.
/s/ W. Keith Watkins
UNITED STATES DISTRICT JUDGE