United States v. Cain
| Decision Date | 03 June 2021 |
| Docket Number | No. 1:16-cr-00103-JAW,1:16-cr-00103-JAW |
| Parties | UNITED STATES OF AMERICA v. DONALD CAIN |
| Court | U.S. District Court — District of Maine |
An inmate again moves for compassionate release under 18 U.S.C. § 3582(c)(1)(A), claiming his risk of serious complications from COVID-19 is an "extraordinary and compelling" reason to release him from incarceration. Just six months ago, the Court denied a similar motion by the inmate. The Court dismisses the inmate's latest motion without prejudice after considering the inmate's changed circumstances, including his new liver condition, his decision to refuse the COVID-19 vaccine, his newfound remorse for his crime, his transfer to a new prison, and a greater amount of time served.
Approximately six months ago, on November 24, 2020, the Court dismissed without prejudice a motion for compassionate release by Donald Cain after reachingthe merits. United States v. Cain, No. 1:16-cr-00103-JAW-1, 2020 U.S. Dist. LEXIS 220370, at *1-39 (D. Me. Nov. 24, 2020); Order on Second Am. Mot. for Compassionate Release (ECF No. 280). Now, for the fifth time, Mr. Cain moves for compassionate release. In its November 24, 2020 order, the Court provided an exhaustive account of the factual background, including Mr. Cain's history and characteristics, his criminal history, and the nature and circumstances of Mr. Cain's offense. Cain, 2020 U.S. Dist. LEXIS, at *18-27. Only an abridged procedural history is necessary here.
On July 19, 2018, the Court sentenced Mr. Cain to sixty months of incarceration, three years of supervised release, a $100 special assessment and no fine after his conviction for stalking in violation of 18 U.S.C. § 2261A(2)(B). Min. Entry (ECF No. 193); J. (ECF No. 197). Mr. Cain appealed to the First Circuit, which affirmed this Court on July 1, 2019. J. (ECF No. 212).
On March 22, 2021, Mr. Cain filed a pro se motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A). Fourth Mot. for Immediate Release to Home Confinement Per FSA 3582(c)(1)(A) (ECF No. 291) (Def.'s Mot.). On April 5, 2021, the Government responded in opposition. Gov't's Resp. in Opp'n to Def.'s Fourth Mot. for Compassionate Release (ECF No. 295) (Gov't's Opp'n). That same day, Mr. Cain submitted an addendum to his motion for compassionate release. Def.'s Addendum (ECF No. 296).
On April 8, 2021, the Court ordered Mr. Cain and the Government to clarify Mr. Cain's COVID-19 vaccination status. Order (ECF No. 298). On April 15, 2021,Mr. Cain replied to the Government's opposition brief and the Court's order dated April 8, 2021. Def.'s Resp. to Gov't's Opp'n to Def.'s Fourth Mot for Compassionate Release (ECF No. 299) (Def.'s Reply). On April 20, 2021, the Government filed a memorandum concerning Mr. Cain's vaccination status. Suppl. Mem. in Supp. of Gov't's Resp. in Opp'n to Def.'s Fourth Mot. for Compassionate Release (ECF No. 300) .
Mr. Cain "ask[s] the court to grant [his] motion for immediate release to home confinement" because "it has been 32 days plus since [his] last motion" was dismissed for failure to meet the exhaustion requirement. Def.'s Mot. at 1. He attached a paper copy of a "cop-out asking the warden at [FCI] Oakdale for [his] release" dated February 12, 2021. Id.; id., Attach. 1, Inmate Req. to Staff.
Turning to the merits, Mr. Cain reminds the Court that it dismissed one of his prior motions for compassionate release out of concern that he "did not show any remorse to [his] ex-wife" for his cyberstalking offense. Def.'s Mot. at 2. Mr. Cain claims to "have remorse for the way [he] treated [his ex-wife]." Id. He says that he "never meant to cause her any pain or distress" and now knows that his actions were "completely and utterly terrible and she did not deserve that." Id. He states he is "remorseful" and "tru[ly] sorry." Id. Mr. Cain concludes by asserting his compliance with the exhaustion requirement, the Government's concession in a prior motion thathis medical conditions are extraordinary and compelling, and his remorse for his crime justify his immediate release to home confinement. Id.
The Government urges the Court to deny Mr. Cain's motion for two reasons. First, he declined the COVID-19 vaccination, which the Government argues prevents Mr. Cain from showing "extraordinary and compelling reasons" for release. Gov't's Opp'n at 1. Second, Mr. Cain "poses a danger to the safety of the community, and the factors established in 18 U.S.C. § 3553(a) weigh heavily against any reduction in sentence." Id. The Government concedes Mr. Cain satisfied the statutory exhaustion requirement by submitting an email request to the warden at FCI Oakdale on February 12, 2021 and filing his motion for compassionate release on March 22, 2021. Id. at 11 (citing id., Attach. 1, TRULINCS Message at 3). The Government acknowledges the BOP transferred Mr. Cain from FCI Oakdale to FCI Englewood after submitting his request but takes the "position that the Court may conclude [Mr. Cain] has satisfied the claim-processing rule by submitting his request to the warden of FCI Oakdale . . .." Id. at 11 n.10.
The Government asks the Court to deny Mr. Cain's motion because he "has not identified an 'extraordinary and compelling reason' within the meaning of § 3582(c)(1)(A) and the applicable policy statement." Id. at 12. The Government contends the COVID-19 pandemic, "which poses a threat to every non-immune person in the country," does not entitle Mr. Cain to relief under the relevant policy statement. Id. Moreover, the Government observes Mr. Cain's current motion forcompassionate release fails to identify any medical conditions that would justify release. Id. at 12-13.
Despite Mr. Cain's failure to specify medical conditions, the Government acknowledges Mr. Cain has previously claimed to have diabetes, heart problems, hyperlipidemia, syncope episodes, obesity, high cholesterol, adrenal insufficiency, and hypertension. Id. at 12-13 (). The Government says the Centers for Disease Control and Prevention (CDC) "does not identify hyperlipidemia/high cholesterol, syncope episodes, or adrenal insufficiency as conditions increasing an individual's risk of severe illness from COVID-19." Id. at 13. It observes Mr. Cain's medical records "do not appear to identify any current official diagnosis of obesity" but that on January 7, 2021 his weight was the same as on September 10, 2020 when a medical provider found him obese. Id. . The Government also submits Mr. Cain is a non-insulin-dependent type-2 diabetic and has been diagnosed with primary hypertension, which are conditions the CDC indicates may increase the risk of death or serious illness from COVID-19. Gov't's Opp'n at 13-14.
The Government recognizes it previously conceded Mr. Cain's Type-2 diabetes and obesity presented an "extraordinary and compelling reason" for release whencombined with the risk of serious complications from a potential COVID-19 infection. Id. at 14-15. The Government retracts its concession due to changed circumstances. Id. at 15-16. Specifically, the Government says Mr. Cain was offered the Moderna COVID-19 vaccine but declined. Id. at 15 (citing 2021 Med. Records at 102, 156). The Government concludes that "[i]n these circumstances . . . the Court may properly conclude [Mr. Cain] has failed to establish extraordinary and compelling reasons warranting compassionate release." Id. at 16. The Government also states Mr. Cain's BOP facility, FCI Englewood, has the spread of COVID-19 "largely under control" and that Mr. Cain has never tested positive for the virus. Id. at 16-17.
Next, the Government considers the danger Mr. Cain poses to the community and the § 3553(a) factors. Id. at 17. It points out that the Court denied a previous motion for compassionate release by Mr. Cain due to the danger he poses to the community and the § 3553(a) factors. Id. The Government contends Mr. Cain is now showing remorse because "his lack of remorse appears to be a barrier to a sentence reduction." Id. at 18. Rather than rely on Mr. Cain's newfound remorse, the Government asks the Court to consider Mr. Cain's "post-sentencing pattern of casting aspersions upon the victim and others involved in the case, hurling allegations of misconduct against law enforcement officers, a Magistrate Judge, and this Court, and raising factual claims unsupported by, and contrary to, the record . . .." Id.
Mr. Cain filed an addendum to his motion for compassionate release and attached a copy of a request for compassionate release that he submitted to WardenMa'at at FCI Oakdale on February 12, 2021. Def.'s Addendum, Attach. 1, Administrative Exhaustion Request and Third Am. Mot. for Compassionate Release (Def.'s Third Mot.). He also attached and incorporated his Third Amended Motion for Compassionate Release. Id. at 1-2. This attachment addresses the danger Mr. Cain poses to the public and the Court's prior finding that Mr. Cain has been unremorseful for his criminal conduct. Id. at 1.
Mr. Cain proposes to live with his daughter in Wyoming and work in a store until he can return to the construction business. Id. He states the shame he feels from his past wrongs "eats at [him] everyday." Id. He claims to "regret [his] behavior" and acknowledges he "should have had better composure when it came to handling issues" between himself and his ex-wife "instead of flying off the handle and resorting...
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