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denying defendant's motion for compassionate release because he "is young and has not alleged any serious underlying health risks beyond the threats posed by COVID-19 itself"
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12 CR 31 (VM)
05-14-2020
UNITED STATES OF AMERICA v. CHRISTOPHER NWANKWO, Defendant.
DECISION AND ORDER VICTOR MARRERO, United States District Judge.
Christopher Nwankwo ("Nwankwo") is currently serving a sentence of 120 months' imprisonment at FCI Fort Dix. (See Dkt. No. 1259 at 11-12.) By letter dated April 18, 2020, Nwankwo moved this Court for compassionate release and a reduction of his sentence to time served. (See "Motion," attached). The Court now construes the Motion as being made pursuant to 18 U.S.C. Section 3582(c)(1)(A) ("Section 3582"). For the reasons set forth below, the Court DENIES the Motion.
Section 3582 allows a court to reduce a term of imprisonment or supervised release after considering the factors set forth in 18 U.S.C. Section 3553(a) and finding that "extraordinary and compelling reasons warrant such a reduction." See Section 3582(c)(1)(A)(i). However, a court may do so only upon motion of the Director of the Bureau of Prisons ("BOP") or "upon motion of the defendant after the defendant has fully exhausted all administrative rights to appeal a failure of the [BOP] to bring a motion on the defendant's behalf or the lapse of 30 days from the receipt of such a request by the warden of the defendant's facility, whichever is earlier." See Section 3582(c)(1)(A).
Any reduction of sentence under Section 3582 must also be "consistent with applicable policy statements issued by the [United States] Sentencing Commission." Id. The Application Notes to United States Sentencing Guidelines Section 1B1.13 ("Section 1B1.13") provide guidance on the circumstances under which "extraordinary and compelling reasons" exist. Circumstances include, but are not strictly limited to, serious medical conditions or the advanced age of a defendant, or circumstances that would render the defendant the only available caregiver for a family member. See Section 1B1.13.
Nwankwo requests compassionate release based in part on his rehabilitation, stating that he is now ready to reenter the community. (See Motion at 1.) He also attaches an April 7, 2020 request to the warden of FCI Fort Dix, in which he requests compassionate release based on the health threat posed by COVID-19. (See id. at 2-3.) Though Nwankwo claims that he is at grave risk if he contracts the virus, he is not in an age bracket that is particularly vulnerable to the disease and identifies no underlying health conditions presenting a heightened risk of negative complications. While it is unclear whether the BOP addressed Nwankwo's request for compassionate release, the Court will consider the Motion because thirty days have lapsed since Nwankwo first made the request and it must be denied regardless.
The Court must deny the Motion at this time because neither basis set forth by Nwankwo presents the "extraordinary and compelling reasons" for release required by Section 3582. Nwankwo's alleged rehabilitation may be admirable, but Section 1B1.13 specifically states that "rehabilitation of the defendant is not, by itself, an extraordinary and compelling reason." Section 1B1.13, Application Note 3. And while the COVID-19 pandemic is undoubtedly serious and of great concern, numerous courts have found that the risks posed by the pandemic alone do not constitute extraordinary and compelling reasons for release, absent additional factors such as advanced age or serious underlying health conditions that place a defendant at greater risk of negative complications from the disease. See, e.g., United States v. Yeison Saldana, No. 15 CR 712, 2020 WL 2395081, at *2 (S.D.N.Y. May 12, 2020); United States v. Shawn Olszewksi, No. 15 CR 364, 2020 WL 2420483, at *2-3 (S.D.N.Y. May 12, 2020); United States v. Jaramillo, No. 17 CR 4, 2020 WL 2306564, at *1 (S.D.N.Y. May 8, 2020). Because Nwankwo is young and has not alleged any serious underlying health risks beyond the threats posed by COVID-19 itself, the Court is not persuaded that the Motion presents the extraordinary and compelling reasons required to justify compassionate release under Section 3582 at this time.
Accordingly, it is hereby
ORDERED that the motion of Christopher Nwankwo for compassionate release (See attached letter) is DENIED. The Clerk of Court is directed to mail this Decision and Order to Christopher Nwankwo at FCI Fort Dix, P.O. Box 2000, Joint Base MDL, NJ 08640.
SO ORDERED.
Dated: New York, New York
14 May 2020
/s/_________
Victor Marrero
U.S.D.J.
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