United States v. Casey
Decision Date | 19 February 2021 |
Docket Number | Case No. 18cr2747-MMA |
Parties | UNITED STATES OF AMERICA, Plaintiff, v. MICHAEL DAVID CASEY, Defendant. |
Court | U.S. District Court — Southern District of California |
ORDER DENYING DEFENDANT'S MOTION FOR SENTENCE REDUCTION
On August 22, 2018, Defendant Michael David Casey pleaded guilty to two counts of possession with intent to distribute a controlled substance in violation of 21 U.S.C. §§ 841(a)(1). See Doc. No. 28. On March 25, 2019, the Court sentenced Defendant to a custodial term of 84 months and entered judgment accordingly. See Doc. No. 39. Defendant is currently set to be released from the Bureau of Prisons' custody on March 4, 2024.1 Defendant, proceeding pro se, now moves for a reduction in his sentence pursuant to pursuant to Title 18, section 3582(c)(1)(A), as amended by the First Step Act of 2018, Pub. L. No. 115-391, 132 Stat. 5194. See Doc. Nos. 65, 69, 71. The government opposesDefendant's motion. See Doc. No. 73. For the reasons set forth below, the Court DENIES Defendant's motion.
Defendant seeks early compassionate release and a corresponding reduction in sentence due to the spread of the novel coronavirus disease, COVID-19, throughout the federal prison system, including the institution where he is currently housed. Defendant argues that he is at an increased risk of serious health problems if he contracts the virus because he allegedly suffers from multiple comorbidities, including asthma, mitral valve prolapse, "kidney problems," and depression.2 Doc. No. 71 at 2, 8.3
The government opposes Defendant's motion. The government notes that while the virus has spread through the prison system, the Bureau of Prisons has implemented precautionary measures to help ensure the safety of all inmates during the COVID-19 pandemic. The government also points out that Defendant's medical records fail to document his purported comorbidities. The government further contends that the additional sentencing factors the Court must consider weigh heavily against early release, including the potential danger Defendant would pose to the community and his risk of recidivism.
In 1984, Congress authorized compassionate release from prison under the criteria set forth in 18 U.S.C. § 3582(c)(1)(A) as part of the Comprehensive Crime Control Act. Under its original terms, only the Director of the Bureau of Prisons was authorized to file a motion for compassionate release pursuant to section 3582(c)(1)(A). The First Step Act went into effect on December 21, 2018. See First Step Act of 2018, Pub. L. No. 115-391,132 Stat. 5194. Section 603(b) of the First Step Act modified section 3582(c)(1)(A), which now provides, in pertinent part:
18 U.S.C. § 3582(c)(1)(A) (emphasis added).
The United States Sentencing Commission has published a policy statement addressing the standards for compassionate release.4 See U.S.S.G. § 1B1.13. The statement reiterates that a court may reduce a term of imprisonment under § 3582(c)(1)(A) if "extraordinary and compelling reasons warrant the reduction" and "after considering the factors set forth in 18 U.S.C. § 3553(a), to the extent that they are applicable." Id. The policy statement also directs courts to determine that "the defendantis not a danger to the safety of any other person or to the community," before reducing a term of imprisonment under § 3582(c)(1)(A). Id. The Application Notes to Section 1B1.13 specify certain circumstances constituting "extraordinary and compelling reasons" that justify a sentence reduction, including "a serious physical or medical condition . . . that substantially diminishes the ability of the defendant to provide self-care within the environment of a correctional facility and from which he or she is not expected to recover." U.S.S.G. 1B1.13, App. Note 1(A)(ii)(I).
As a threshold matter, the Court finds that Defendant adequately exhausted his administrative remedies prior to filing his motion. Defendant submitted a request for early release to the warden on or about July 2, 2020; on July 13, 2020, the warden denied Defendant's request. See Gov't Ex. 4; Def. Ex. D. As such, the Court may consider the merits of Defendant's motion.
Defendant argues that the spread of COVID-19 throughout the prison system places him at particular risk because he suffers from multiple serious health conditions, including asthma, mitral valve prolapse, kidney issues, and depression . According to the Centers for Disease Control and Prevention ("CDC"), COVID-19 poses a heightened risk to the nation's incarcerated population.5 Defendant is currently housed at Federal Correctional Institute Terminal Island, a low security facility which currently accommodates a population of over 670 inmates.6 This facility appears at some point during the ongoing pandemic to have experienced significant contagion of the virus, reporting that 522 inmates housed there have recovered from infection; however, the institution currently reports only one active case of COVID-19 among the inmatepopulation.7 Additionally, the CDC has recognized that individuals who suffer from certain medical conditions, including asthma and chronic kidney disease, might be at a higher risk of serious illness from COVID-19.8 However, as the government notes, Defendant's medical records do not document that he suffers from any health problems related to kidney function or from an asthmatic condition or any other respiratory issues. See Gov't Exs. 1, 3.
Even assuming the spread of the novel coronavirus throughout the federal prison system and Defendant's health concerns constitute "extraordinary and compelling" reasons warranting compassionate release, the required analysis does not end there. The Sentencing Guidelines provide that compassionate release is appropriate only where the "defendant is not a danger to the safety of any other person or to the community, as provided in 18 U.S.C. § 3142(g)." U.S.S.G. § 1B1.13(2). Section 3142(g) provides:
Defendant's conviction offense in this case, while extremely serious, did not involve violence; however, Defendant has a significant criminal history. See Doc. No. 29 at 9-15. And while it is theoretically uncertain whether Defendant poses a danger to the safety of other persons or to the community if prematurely released, his lengthy history as a drug trafficker and dealer, and the petty crimes against the community he committed as a result of his illicit activities and drug use, indicate that there is a substantial risk.
The Court must also consider the sentencing factors set forth in 18 U.S.C. § 3553(a). Section 3553(a) provides:
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