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United States v. Wilson

United States District Court, N.D. Ohio, Eastern Division
Jan 23, 2024
1:19CR431 (N.D. Ohio Jan. 23, 2024)

Opinion

1:19CR431

01-23-2024

UNITED STATES OF AMERICA, Plaintiff, v. DEMANN WILSON, Defendant.


ORDER

JOHN R. ADAMS UNITED STATES DISTRICT JUDGE

Pending before the Court is Defendant's motion for compassionate release (Doc. 17) and its supplement (Doc. 18). Upon review, the motions are DENIED.

Within the COVID-19 backdrop, the Sixth Circuit explained this Court's duties and obligations when considering a motion for compassionate release as follows:

“In resolving those motions, district courts now face two questions: (1) whether extraordinary and compelling circumstances merit a sentence reduction; and (2) whether the applicable § 3553(a) factors warrant such a reduction. A third consideration, the § 1B1.13 policy statement, is no longer a requirement courts must address in ruling on defendant-filed motions.” Hampton, 985 F.3d at 531. To that end, district courts need not confine themselves to evaluating “extraordinary and compelling reasons” as defined by the Sentencing Commission in the § 1B1.13 policy statement. Elias, 984 F.3d at 519.
United States v. Montero, 842 Fed.Appx. 1007, 1008 (6th Cir. 2021). “A district court has ‘full discretion' in determining whether an extraordinary and compelling reason justifies compassionate release.” Id. at 1009.

The Sixth Circuit has noted that a district court does not abuse its discretion when denying a motion when the prison facility at issue has no positive cases or otherwise has COVID under control. See United States v. Elias, 984 F.3d 516, 521 (6th Cir. 2021) (finding that it was not an abuse of discretion to deny compassionate release when Alderson had no reported cases and therefore only presented a speculative risk to the movant).

The Court notes that Defendant is currently housed at FCI Elkton, a facility that currently has only 2 positive cases within its entire inmate population. Accordingly, Defendant's motion for compassionate release presents only a speculative risk. The motion for compassionate release is DENIED.

IT IS SO ORDERED.


Summaries of

United States v. Wilson

United States District Court, N.D. Ohio, Eastern Division
Jan 23, 2024
1:19CR431 (N.D. Ohio Jan. 23, 2024)
Case details for

United States v. Wilson

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. DEMANN WILSON, Defendant.

Court:United States District Court, N.D. Ohio, Eastern Division

Date published: Jan 23, 2024

Citations

1:19CR431 (N.D. Ohio Jan. 23, 2024)