United States v. Ligon
| Decision Date | 29 March 2022 |
| Docket Number | 19-CR-156 (DRH) |
| Parties | UNITED STATES OF AMERICA, v. TYRONE LIGON, Defendant. |
| Court | U.S. District Court — Eastern District of New York |
For the Government:
Breon S. Peace
United States Attorney
Eastern District of New York
By Michael R. Maffei, A.U.S.A.
For Defendant:
Keahon, Fleischer & Ferrante
By Joseph J. Ferrante, Esq.
The purpose of this Memorandum is to address the motion of defendant Tyrone Ligon (“Defendant” or “Ligon”) for a reduction in sentence, otherwise known as a motion for compassionate release, [1] pursuant to 18 U.S.C. 3582(c)(1)(A)(i). (See DE 340 at 1.) For the reasons set forth below, the motion is denied.
On March 4, 2020, Ligon pled guilty pursuant to a plea agreement to conspiring to distribute illicit drugs, including at least 280 grams of cocaine base, as well as unspecified amounts of fentanyl, cocaine and heroin in Suffolk County between January 2015 and April 18, 2019. (March 4, 2020 Tr. (DE 99) at 19-20.)
Ligon was on New York State parole during portions of the conspiracy that underlies the count of conviction. Prior to the instant offense, Ligon (Gov't's Dec. 10, 2021 Ltr. (DE 195) at 3; see also PSR (DE 140) at 8-15.)
As set forth in the unobjected to Pre-Sentence Report (PSR), based on an offense level of 34 and a criminal history category of VI, the advisory guideline range for Defendant was 262 to 327 months of imprisonment, to be followed by five years of supervisory release. However, pursuant to 21 U.S.C. § 841(b)(1)(A), the minimum tern of imprisonment was ten years and the maximum term was life. In accordance with the plea agreement, the government recommended the mandatory minimum of ten years.
Sentencing was held on September 29, 2021. Prior to sentencing, by letter filed September 21, 2021, defendant set forth his recent medical history including his surgery for a meningioma and follow-up care. At sentencing, defendant again raised his surgery and resulting medical status and requested compassionate release. The Court sentenced Defendant to 120 months of incarceration followed by a term of five years supervised release.
On November 17, 2021, Ligon made the instant application for compassionate release pursuant to §3582(c)(1)(A)(i), the medical information set forth below, which medical information, as just noted, formed the primary basis for his earlier compassionate release request at sentencing.
In opposing the application, the government has supplied updated medical information for Ligon demonstrating that his conditions appear well-controlled with medication provided by the institution and treatments previously provided by outside medical professionals, together with information concerning COVID-19 and vaccinations rates at FCI Fort Dix where Ligon is incarcerated. The government argues that no compelling and extraordinary reason exists to support the instant application and that the 3553(a) sentencing factors do not warrant granting the application.
In a reply filed on January 10, 2022, Ligon "supplemented" his request relying upon the COVID-19 pandemic and his comorbidities, as well as the strain the pandemic has put upon BOP's medical facilities.
On February 2, 2021, Ligon suffered a seizure caused by a meningioma. Meningioma is the most common type of primary brain tumor; it grows out of the middle layer of the meninges called the arachnoid. The growth typically proceeds slowly and may exist for years before being detected. On February 17, 2021, surgery to remove the tumor took place at NYU Langone-Brooklyn by Dr. Miller; on February 24, 2021, he was transferred to rehabilitation at Kingsbrook Jewish Medical Center ("KJMC"), where his care was overseen by Dr. Ross.
On March 10, 2021, Dr. Miller reported to MDC that Ligon was ambulating with a wheeled walker and one person standing by to assist and that the operative sight looked good, but that Dr. Ross was reporting Ligon was still having cognitive issues.
On March 25, 2021, MDC was advised that Ligon had undergone a follow-up procedure at NYU Langone-Brooklyn to have a shunt inserted and fluid aspirated. Following the procedure, Ligon returned to KJMC to continue rehab. One month later, Dr. Ross reported that Ligon had cognitively improved, should be able to return to the MDC instead of a nursing facility upon completion of rehab, was performing activities of daily living with supervision and is able to walk without assistance for 175 feet with occasional loss of balance.
On May 11, 2021, Dr. Ross reported that Ligon was cognitively back to baseline, was independent with ambulation and other activities of daily living. On May 13, 2021, Dr. Ross reported that Ligon was ready to be discharged.
Upon his return to MDC, Ligon was seen by Dr. Bailor at MDC. Ligon reported pain, a recent fall and being unable to take care of his daily activities. This was contrary to what MDC was told by KJMC about him being capable of independently handling all activities of daily living and his discharge without pain medication.
The medical records reflect that during his remaining time at MDC and while FCI Fort Dix, Ligon's treatment plan has been continued.
As amended by the First Step Act, 18 U.S.C. § 3582(c)(1)(A), the basis for the current application, provides:
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