United States v. Mathews
| Citation | 557 F.Supp.3d 1057 |
| Decision Date | 30 August 2021 |
| Docket Number | 2:15-CR-00118-KJM |
| Parties | UNITED STATES of America, Plaintiff, v. Michael Deshone MATHEWS, Defendant. |
| Court | U.S. District Court — Eastern District of California |
Paul Andrew Hemesath, Kevin Christopher Khasigian, Assistant US Attorneys, United States Attorney's Office, Sacramento, CA, for Plaintiff.
Michael Deshone Mathews moves for compassionate release under 18 U.S.C. § 3582(c)(1)(A)(i), citing his increased risk of severe illness from the virus even though he has been vaccinated against the virus that causes COVID-19, SARS-CoV-2. The government opposes on numerous grounds, including Mr. Mathews’ prior recovery from COVID-19 and his disciplinary history. For the following reasons, the court grants the motion.
In May 2014, DEA agents uncovered information suggesting Mr. Mathews was shipping oxycodone from the Sacramento area to Tacoma Washington. Factual Basis for Plea, Plea Agreement Ex. A, ECF No. 60. Agents later observed him retrieving oxycodone from people who had just filled prescriptions at local pharmacies and distributing the oxycodone to couriers who shipped the drugs across Washington state. Id. Searches of his truck, house and storage unit uncovered numerous controlled substances, dozens of guns, thousands of rounds of ammunition, and body armor. Id.
The government charged Mr. Mathews with several drug distribution and possession, money laundering, and firearms crimes. See Indictment at 1–5, ECF No. 15. He pleaded guilty to participating in a conspiracy to possess and distribute oxycodone and to possessing heroin with an intent to distribute it. Hr'g Min., ECF No. 57; 21 U.S.C. §§ 846, 841(a)(1). Another judge of this court sentenced him to 135 months’ imprisonment and 60 months’ supervised release, below the applicable guideline range. J. & Commitment, ECF No. 86. After sentencing, the government dismissed the remaining charges in the indictment. Hr'g Min., ECF No. 83. Mr. Mathews is also serving a subsequent consecutive four-month sentence for escape. He left the low-security Yankton Federal Prison Camp for about ten minutes and returned with contraband tobacco, a cellphone, and alcohol in December 2019.1 See generally Factual Basis Statement, United States v. Mathews , No. 20-40029 (D.S.D. Mar. 20, 2020), ECF No. 20;2 Sentencing Hr'g Tr., United States v. Mathews , No. 20-40029 (D.S.D. June 16, 2020).3
Mr. Mathews is currently serving his sentences at FCI Sandstone in Sandstone, Minnesota. Opp'n at 3; Reply at 4, ECF No. 188. As of the date of this order, FCI Sandstone has vaccinated 117 staff members and 617 incarcerated people. U.S. Bureau of Prisons (BOP), COVID-19 Vaccine Implementation (last visited Aug. 9, 2021).4 The BOP website does not make clear whether the vaccines administered are to people still housed in the prison, but if so 617 represents approximately 75 percent of the total 819 people incarcerated at FCI Sandstone. BOP, FCI Sandstone (last visited Aug. 19, 2021).5 One staff member at FCI Sandstone recently tested positive, but no inmates have. BOP, Covid-19 Cases (last visited August 19, 2021).6 Since the beginning of the COVID-19 pandemic, 659 people (6177 incarcerated people and 53 staff members) at FCI Sandstone have recovered from COVID-19, and one incarcerated person has died of causes related to COVID-19 in January 2021. Id.
Mr. Mathews has served approximately 53 percent of his 139-month combined sentence, and just shy of 60 percent of his statutory term. See U.S. Bureau of Prisons Public Information Data at 4, Opp'n Ex. 1, ECF No. 177-1. Since he entered prison, he has participated in many programs; most recently he completed a twelve-month welding program. Mathews Decl. ¶ 8, Reply Ex. A, ECF No. 188-1; see also Sentencing Hr'g Tr. supra at 12:3–23 (). Mr. Mathews has also prepared to work as a plumber, welder, forklift driver, tile setter, and construction worker. Release Plan at 2, Reply Ex. G, ECF No. 188-7.
Mr. Mathews’ medical records show he is a 47-year-old Black man with a body mass index (BMI) over 33, which means he is within the category the Centers for Disease Control and Prevention have labeled "obese." Abdelghany Decl. at 3, Reply Ex. B, ECF No. 188-2. He also suffers from multiple diagnosed substance use disorders, namely cannabis use disorder, opioid use disorder, intranasal cocaine stimulant use disorder, and hallucinogen use disorder. Id. at 4; Medical Records at 54, ECF No. 196-1 (under seal). He was diagnosed with asymptomatic COVID-19 on December 22, 2020, and developed "mild, symptomatic COVID-19" on December 26, 2020.
Medical Records at 55, 59; Abdelghany Decl. at 5.
In January 2021, Mr. Mathews, representing himself, moved for compassionate release under 18 U.S.C. § 3582(c)(1)(A)(i). See generally Mot., ECF No. 172. He cited his race, gender, BMI and the conditions at FCI Sandstone as "extraordinary circumstances" justifying reduction of his sentence. See generally id. At that time, he said he was not vaccinated. Mot. at 2. The government opposed on several grounds, including that Mr. Mathews was at low risk of severe COVID-19 because he had previously recovered from COVID-19 without symptoms. See Opp'n at 10, ECF No. 177. This court then appointed counsel to represent Mr. Mathews, Min. Order (April 1, 2021), ECF No. 182, and counsel filed a reply on Mr. Mathews’ behalf, see generally Reply, ECF No. 188. Mr. Mathews contested the government's claim that his COVID-19 infection had been asymptomatic, saying he had experienced several symptoms, and reporting he was still suffering from some of those symptoms months later, including shortness of breath, migraines, back pain, and a lack of mental focus and energy. Id. at 2; Mathews Decl. ¶ 3. His reply papers also included a declaration by Dr. Mazin Abdelghany, a physician with training in critical care and a Fellow of Infectious Diseases at the University of California, San Francisco. Abdelghany Decl. at 1. In Dr. Abdelghany's assessment, Mr. Mathews "has several medical comorbidities ... strongly associated with an increased risk of developing severe COVID-19 disease, including hospitalization, admission to the intensive care unit, need for invasive medical ventilation (respiratory life support), and death." Id. at 9.
In July, given BOP's progress in vaccinating inmates, this court directed the parties to provide an update on Mr. Matthews’ vaccine status. Order (June 23, 2021), ECF No. 197. Following the court's order, the government confirmed Mr. Mathews had been "fully vaccinated" by that time, Gov't Resp. at 1, and the defense submitted a supplemental brief and declaration by Dr. Abdelghany, see Suppl. Br., ECF No. 199; Suppl. Abdelghany Decl., ECF No. 199-1. The doctor assumed Mr. Mathews was fully vaccinated and assessed whether he nonetheless remained at an increased risk of severe COVID-19. See Suppl. Abdelghany Decl. at 1. In Dr. Abdelghany's opinion, Mr. Mathews "continues to have an increased risk of SARS-CoV-2 infection" because (1) "[a]nalyses of vaccine efficacy outside of trial environments have noted a protection rate of about 90%" and (2) "SARS-Cov-2 variants have the potential to evade immunity induced by vaccines—especially the alpha variant circulating in Minnesota," where Mr. Mathews is currently incarcerated. Id. ¶ 12. The government did not request leave to file any further response, and it did not object to Dr. Abdelghany's supplemental declaration.
The district court that imposed a custodial sentence can modify the term of imprisonment under 18 U.S.C. § 3582(c)(1)(A), as amended by the First Step Act of 2018. The defendant must first exhaust administrative remedies. Id. §§ 3582(c)(1)(A). If a defendant has exhausted administrative remedies, the analysis is twofold. First, the court must find "extraordinary and compelling reasons warrant" the requested reduction. Id. § 3582(c)(1)(A)(i). Second, the court must consider the same factors that were applicable at the original sentencing, enumerated in 18 U.S.C. § 3553(a), to the extent they remain applicable. See id. § 3582(c)(1)(A).
Section 3582 further requires a reduction to be "consistent with applicable policy statements issued by the Sentencing Commission." Id. § 3582(c)(1)(A). In 2006, the Sentencing Commission issued a policy statement addressing what qualifies as "extraordinary and compelling reasons" to release a defendant from BOP custody. See U.S.S.G. § 1B1.13 (last amended November 1, 2018). These policy statements "may inform a district court's discretion for § 3582(c)(1)(A) motions filed by a defendant, but they are not binding." United States v. Aruda , 993 F.3d 797, 802 (9th Cir. Apr. 8, 2021). Thus, the court here adheres to its practice of considering the Sentencing Commission's policy statement as nonbinding guidance.
Although the Ninth Circuit has not expressly decided which party "bears the burden in the context of a motion for compassionate release brought pursuant to § 3582(c) as amended by the [First Step Act], district courts to have done so," including this court, "agree that the burden remains with the defendant." United States v. Becerra , No. 18-0080, 2021 WL 535432, at *3 (E.D. Cal. Feb. 12, 2021).
The parties do not dispute that Mr. Mathews has exhausted his administrative remedies as required by § 3582(c). Opp'n at 3. The court thus considers (A) whether Mr. Mathews’ request is supported by extraordinary and compelling reasons and (B) whether the applicable sentencing factors of § 3553(a) weigh in favor of a reduction.
Many federal district courts, including this court, have held that defendants can demonstrate "extraordinary and compelling reasons" for compassionate release under § 3582(c)(1)(A)(i)...
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