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granting compassionate release because defendant was at "higher risk for getting and becoming seriously ill and dying from COVID-19 because of his medical conditions" including obesity
Summary of this case from United States v. BeamOpinion
CRIMINAL ACTION FILE NO. 1:09-CR-414-MHC-AJB
2020-06-15
UNITED STATES of America v. Michael ASHER, Defendant.
Jeffrey Aaron Brown, U.S. Attorney's Office, Atlanta, GA, for United States of America. Mildred Geckler Dunn, Atlanta, GA, or Defendant.
Jeffrey Aaron Brown, U.S. Attorney's Office, Atlanta, GA, for United States of America.
Mildred Geckler Dunn, Atlanta, GA, or Defendant.
ORDER
MARK H. COHEN, United States District Judge
This action comes before the Court on Defendant Michael Asher ("Asher")'s Motion for Compassionate Release Pursuant to 18 U.S.C. § 3582(c)(1)(A), as amended by the First Step Act of 2018 ("Mot. for Compassionate Release") [Doc. 180].
I. BACKGROUND
On December 9, 2010, a jury found Asher guilty of two counts of Distributing Material Involving Sexual Exploitation of Minors (Counts One and Two) and one count of Receiving Material Involving Sexual Exploitation of Minors (Count Three), in violation of 18 U.S.C. § 2252(a)(2) & (b), and one count of Possessing Child Pornography in violation of 18 U.S.C. § 2252(a)(4)(B) (Count Four). Verdict Form [Doc. 88]; see also Superseding Indictment [Doc. 53]. On January 30, 2013, the Court sentenced Asher to a total term of imprisonment of one hundred fifty-five (155) months to be followed by a term of supervised release of twenty (20) years. Corrected J. in a Crim. Case [Doc. 135].
The Court determined at Asher's sentencing proceeding that Count Four is required to be merged with Count Three. Jan. 30, 2013, Order (by docket entry only).
In his Motion for Compassionate Release, Asher requests the Court reduce his prison sentence to time served. Mot. for Compassionate Release at 1. Asher is a 54-year-old man who suffers from a myriad of serious health conditions that make him more susceptive to becoming infected with COVID-19, including Parkinson's Disease with dysphagia (swallowing problems), chronic heart disease, hypertension, and arrhythmia, and his medical records suggest that he could have Ankylosing Spondylitis, an autoimmune disease. Id. at 1-2, 4. Asher has lost the ability to walk and is confined to a wheelchair during waking hours. Id. at 2, 4. Asher contends that his age and disability combined with his health conditions make him especially susceptible to COVID-19 and more likely to become seriously ill or die if infected. Id. at 8-14.
Asher currently is incarcerated at the Federal Correctional Institution in Jesup, Georgia ("FCI Jesup"). On April 11, 2020, Asher applied for compassionate release at FCI Jesup. See Inmate Req. to Staff (Apr. 11, 2020) [Doc. 180-4 at 3]. On April 20, 2020, the warden denied Asher's request because Asher is 54 years old and does not meet the age requirement and because Asher was convicted of a sex offense. See Resp. to Inmate Req. to Staff Member (Apr. 20, 2020) [Doc. 180-4 at 2]. On April 29, 2020, Asher disputed this denial, and on May 11, 2020, the warden again denied his request for the same reasons. See Req. for Admin. Remedy (Apr. 29, 2020) [Doc. 180-5 at 2]; Admin. Remedy Resp. (May 11, 2020) [Doc. 180-5 at 3]. On May 28, 2020, Asher's attorney filed the present Motion for Compassionate Release.
The Court ordered the United States to respond to Asher's Motion for Compassionate Release by June 8, 2020. May 28, 2020, Order [Doc. 181]. As of the date of this Order, the United States has not responded, which indicates that it does not oppose the motion. See LCrR 12.1B, NDGa ("A party's failure to file a response to a motion within fourteen (14) days after being directed by the Court to do so shall indicate that the responding party has no opposition to the motion.").
Asher's counsel explains in detail her efforts to contact counsel for the United States of America before and after the June 8, 2020, deadline. Supplement to Mot. for Compassionate Release Pursuant to 18 U.S.C. § 3582(c)(1)(A)(i) ("Def.'s Supplement") [Doc. 183] at 1 n.1. Frankly, this Court is at a loss to explain the failure of the United States to respond to this Court's May 28, 2020, Order or to have the common courtesy of responding to Asher's counsel's numerous inquiries. Even if the United States decided to take no position with respect to the Motion for Compassionate Release, it should have filed a response stating as much. In the future, this Court expects the United States to comply with any of its Orders to file responses to motions made under 18 U.S.C. § 3582(c)(1)(A), as amended by the First Step Act, and its continual failure to do so may be grounds for sanctions.
II. LEGAL STANDARD
Before the enactment of the First Step Act in December 2018, compassionate release was only available if the Bureau of Prisons ("BOP") filed a motion requesting it. 18 U.S.C. § 3582 (as effective Nov. 2, 2002, to Dec. 20, 2018); see also U.S.S.G. § 1B1.13 ("Upon motion of the Director of the Bureau of Prisons under 18 U.S.C. § 3582(c)(1)(A), the court may reduce the term of imprisonment ..."). Now, however, the First Step Act enables a defendant to file a motion for compassionate release directly with the sentencing court, provided he first exhausts administrative remedies. 18 U.S.C. § 3582(c)(1)(A). A prisoner can exhaust administrative remedies by (1) pursuing all avenues of appeal of the BOP's failure to bring a motion for modification of sentence, or (2) by filing a request for relief to which the warden does not respond without thirty days. Id. Where the exhaustion requirement is satisfied, a district court may reduce the sentence if a defendant shows that (1) extraordinary and compelling circumstances warrant a reduction; and, (2) a reduction would be consistent with applicable policy statements issued by the Sentencing Commission. See 18 U.S.C. § 3582(c)(1)(A)(i).
Prior to the First Step Act, the United States Sentencing Commission issued a policy statement regarding compassionate release, which is found in U.S.S.G. § 1B1.13 and the accompanying Application Notes. This policy statement provides that extraordinary and compelling reasons for sentence reduction exist under the any of the following circumstances:
(A) Medical Condition of the Defendant.—
(i) The defendant is suffering from a terminal illness (i.e., a serious and advanced illness with an end of life trajectory) ....
(ii) The defendant is—
(I) suffering from a serious physical or medical condition,
(II) suffering from a serious functional or cognitive impairment, or
(III) experiencing deteriorating physical or mental health because of the aging process,
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.
(B) Age of the Defendant.—The defendant (i) is at least 65 years old; (ii) is experiencing a serious deterioration in physical or mental health because of the aging process; and (iii) has served at least 10 years or 75 percent of his or her term of imprisonment, whichever is less.
(C) Family Circumstances.—
(i) The death or incapacitation of the caregiver of the defendant's minor child or minor children.
(ii) The incapacitation of the defendant's spouse or registered partner when the defendant would be the only available caregiver for the spouse or registered partner.
(D) Other Reasons.—As determined by the Director of the Bureau of Prisons, there exists in the defendant's case an extraordinary and compelling reason other than, or in combination with, the reasons described in subdivisions (A) through (C).
U.S.S.G. § 1B1.13, comment. (n.1).
III. DISCUSSION
Asher contends that he has met the First Step Act's exhaustion requirement because the warden denied both his informal request and his administrative remedy, and Asher filed the Motion for Compassionate Release more than thirty days after the warden received his administrative remedy. See Mot. for Compassionate Release at 39. Other courts have held that these circumstances satisfy the statute's exhaustion requirement. See, e.g., United States v. Christian, No. 9:16-CR-80107-ROSENBERG, 2020 WL 2513101, at *3 (S.D. Fla. May 15, 2020) ("If the BOP has not acted on a request after 30 days, the prisoner may then file a motion with a court. If the BOP denies the prisoner's request in fewer than 30 days, the prisoner may turn to the court immediately."); United States v. Heromin, No. 8:11-cr-550-T-33SPF, 2019 WL 2411311, at *1 (M.D. Fla. June 7, 2019) (citing 18 U.S.C. § 3582(c)(1)(A)(i) ) ("When seeking compassionate release in the district court, a defendant must first file an administrative request with the BOP and then either exhaust administrative appeals or wait thirty days after submitting his request to the BOP."); see also United States v. Willingham, No. CR 113-010-1, 2020 WL 2843223, at *1 (S.D. Ga. June 1, 2020) (considering the merits of a motion where the inmate "submit[ted] evidence that the Warden of FCI Coleman Low has denied her request for consideration of compassionate release based upon her current health concerns"). Moreover, the United States has not responded to the Motion for Compassionate Release, indicating that it does not oppose Asher's position that he has met the First Step Act's exhaustion requirement. LCrR 12.1B, NDGa. Accordingly, the Court considers the merits of Asher's request.
Asher's Motion for Compassionate Release makes a compelling case that his age, disability, and medical conditions make him highly susceptible to COVID-19 and that the Federal Bureau of Prisons ("BOP") is unable to adequately protect Asher against the risk of infection. As explained below, the Court finds that extraordinary and compelling circumstances warrant a reduction in sentence and that a reduction would be consistent with applicable policy statements issued by the Sentencing Commission. See generally 18 U.S.C. § 3582(c)(1)(A)(i).
It is undisputed that COVID-19 and the related coronavirus is widespread in the United States, highly contagious, and that individuals with compromised immune systems and certain medical conditions are more susceptible to and more likely to die from the disease. See, e.g., People Who Are at Higher Risk for Severe Illness, Coronavirus Disease 2019 (COVID-19), CTRS. FOR DISEASE CONTROL AND PREVENTION , https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/people-at-higher-risk.html?CDC_AA_refVal=https% 3A% 2F% 2Fwww.cdc.gov% 2Fcoronavirus% 2F2019-ncov% 2Fspecific-groups% 2Fhigh-risk-complications.html (last updated May 14, 2020). As of June 14, 2020, more than 2,086,900 people in the United States have been infected and 115,472 have died. Coronavirus in the U.S.: Latest Map and Case Count, N.Y. TIMES (June 14, 2020, 10:37 AM), https://www.nytimes.com/interactive/2020/us/coronavirus-us-cases.html.
As a 54-year-old male with long-term chronic heart disease, high blood pressure, Parkinson's Disease and arrhythmia, Asher falls within several subgroups of people more at risk for contracting and dying from COVID-19. See, e.g., Groups at Higher Risk for Severe Illness, Coronavirus Disease 2019 (COVID-19), CTRS. FOR DISEASE CONTROL AND PREVENTION (last updated May 14, 2020), https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/groups-at-higher-risk.html (immunocompromised, serious heart conditions, pulmonary hypertension ); NYSDOH COVID-19 Tracker, NY DEP'T OF HEALTH (June 11, 2020, 12:00 AM), https://covid19tracker.health.ny.gov/views/NYS-COVID19-Tracker/NYSDOHCOVID19TrackerFatalities?% 3Aembed=yes&% 3Atoolbar=no&% 3Atabs=n (showing that 9.6% of fatalities were individuals in the 50-59 year old age group, more than any lower age groups and nearly three times that of the 40-49 year old age group). In addition, being confined to a wheelchair during waking hours makes Asher more vulnerable to infection because he sits lower and is thus more vulnerable to infected saliva droplets, and the wheels of the wheelchair are constantly coming into contact with surfaces that might contain the virus. See People With Disabilities, Coronavirus Disease 2019 (COVID-19), CTRS. FOR DISEASE CONTROL AND PREVENTION (Apr. 7, 2020), https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/people-with-disabilities.html; Peter Axelson, Beneficial Designs, Wheelchair and Assistive Technology Users PRECAUTIONS for COVID-19, https://www.va.gov/MS/WC_COVID19.pdf (last visited June 12, 2020).
These risks are exacerbated by Asher's living conditions at FCI Jesup. As another judge in this district recently explained,
"even without a highly contagious pandemic, there is always an unfortunate risk that detainees will be exposed to certain communicable diseases." Matos [v. Lopez Vega, No. 20-CIV-60784-RAR, ––– F.Supp.3d ––––, ––––] 2020 WL 2298775, at *10 [ (S.D. Fla. May 6, 2020) ]. Detained populations also tend to be in poorer health and suffer from a higher prevalence of infectious and chronic diseases than the general population. See Fraihat v. U.S. Immigration and Customs Enforcement, ––– F. Supp. 3d ––––, –––– – ––––, No. EDCV 19-1546 JGB (SHKx), 2020 WL 1932570, at *5–6 (C.D. Cal. Apr. 20, 2020) (discussing CDC Interim Guidance and granting preliminary injunction to inmate defendants in the light of COVID-19). And to make matters worse, medical care of prisoners is often limited at the best of times. See U.S. Dep't of Justice Office of the Inspector General, Review of the Federal Bureau of Prisons' Medical Staffing Challenges (Mar. 2016) (finding BOP experienced chronic medical staff shortages, leading to problems meeting the medical needs of prisoners, requiring the use of outside hospitals, and endangering the safety and security of institutions).
United States v. Ullings, No. 1:10-cr-406-MLB, 2020 WL 2394096, at *3 (N.D. Ga. May 12, 2020). The CDC has recognized the multitude of "unique challenges from control of COVID-19 transmission." Centers for Disease Control and Prevention, Interim Guidance on Management of Coronavirus Disease 2019 (COVID-19) in Correctional and Detention Facilities (Mar. 23, 2020), https://www.cdc.gov/coronavirus/2019-ncov/downloads/guidance-correctional-detention.pdf.
While the elevated risk of exposure to COVID-19 may not itself be an extraordinary and compelling reason to reduce a defendant's sentence, see Ullings, 2020 WL 2394096, at *4, Asher's specific situation presents extraordinary and compelling reasons to do so. Asher contends that the physical layout of the low security satellite camp where he is housed makes it impossible to socially distance. Mot. for Compassionate Release at 34. Asher cohabits a dormitory-style room rather than an individual or two-person cell. Id. Sixty inmates in the unit share four sinks, showers, and toilets. Id. The unit has one entrance and one common room. Id. Asher contends that keeping the wheelchair's wheels clean is impossible. Id. Furthermore, because Asher is wheelchair-bound, he must accept the assistance of other inmates with his food tray and other basic necessities. Id.
In short, Asher, already at higher risk for getting and becoming seriously ill and dying from COVID-19 because of his medical conditions and disability, is unable to take the most basic precautions to protect himself and his fellow inmates from getting and transmitting the virus. This Court's finding that Asher has demonstrated extraordinary and compelling circumstances in light of the COVID-19 pandemic is in accord the holdings of numerous other federal district courts within this district, the Eleventh Circuit, and beyond. See, e.g., Ullings, 2020 WL 2394096 (granting compassionate release based on defendant's age, chronic hypertension and obesity ); United States v. Hope, No. 90-CR-6108, 2020 WL 2477523 (S.D. Fla. Apr. 10, 2020) (granting compassionate release to "a 53-year-old African American male suffering from serious medical issues"); United States v. Mattingley, No. 6:15-CR-5-NKM, 2020 WL 2499707 (W.D. Va. May 14, 2020) (granting compassionate release to defendant with two amputated legs, diabetes, and hypertension because his "physical condition limits his ability to care for his health and safety in a correctional facility environment faced with the global COVID-19 pandemic, and this inability poses a grave threat to [his] life"); see also Mot. for Compassionate Release at 12 n.41 & Attach. I [Doc. 180-9] (collecting cases).
Furthermore, Asher contends that the United States Department of Justice ("DOJ") has recognized in other cases that an inmate suffering from an illness or disease shown to make the inmate more susceptible to contracting a severe form of COVID-19 has presented an extraordinary and compelling reason to justify release under 18 U.S.C. § 3582(c)(1)(A)(i) and U.S.S.G. § 1B1.13, comment. (n.1(A)(ii)). Def.'s Supplement at 2-5; see Order Granting Compassionate Release, United States v. Firebaugh, No. 16-20341-CR-UU (S.D. Fla. June 1, 2020) [Doc. 183-2] ("On May 18, 2020, the Department of Justice issued internal guidance which directs that the Government concede that Defendants who have certain CDC risk factors, including ... [i]mmunocompromised ... [s]erious heart conditions, including ... pulmonary hypertension ... can establish that ‘extraordinary and compelling reasons’ warrant the reduction in sentence. In other words, in the Government's view, during the COVID-19 pandemic, this Defendant Firebaugh's documented COPD and Type II diabetes present ‘serious physical or medical condition(s) ... that substantially diminish[ ] the ability of the defendant to provide self-care within the environment of a correctional facility and from which he ... is not expected to recover.’ U.S.S.G. § 1B1.13 cmt. n.1(A)(ii)(I).").
Next, the Court considers the 18 U.S.C. § 3553(a) factors. Asher was convicted of two counts of Distributing Material Involving Sexual Exploitation of Minors and one count of Receiving Material Involving Sexual Exploitation of Minors in violation of 18 U.S.C. § 2252(a)(2) & (b), and one count of Possessing Child Pornography in violation of 18 U.S.C. § 2252(a)(4)(B). Verdict Form. Asher had 5,000 images of child pornography and approximately 80 videos depicting child pornography on his home computers. See Gov't's Sentencing Mem. [Doc. 132] at 10. Asher recognizes that these are serious crimes, but points out that this was a non-contact offense. Mot. for Compassionate Release at 48. The Court also considers Asher's offenses to be serious crimes that involved children who were victims, even though Asher was not directly involved in the production of the child pornography that he received, viewed, and distributed.
Asher is 54 years old. Prior to this conviction, he had no criminal history. Sentencing Mem. [Doc. 130] at 26. Asher states and his BOP Inmate Records [Doc. 180-1] corroborate that he has used his time in custody to help other inmates by tutoring GED candidates and teaching classes in Creative Writing, Economics, and Computer Programming. Mot. for Compassionate Release at 50. Asher has no record of disciplinary infractions during his more than nine years in BOP custody. Id. In addition, Asher was on bond prior to his trial for over a year with no violations. Id. at 2. Asher's initial score on the DOJ's risk needs and assessment for prisoners developed in accordance with the First Step Act (PATTERN score) places Asher in the "minimum" category, the lowest category possible. Def.'s Supplement at 10; id., Attach. C [Doc. 183-3]. Asher is eligible for home detention on April 14, 2021 (only ten months from now), and is scheduled for release based upon earned good conduct time on October 14, 2021. Id. As of January 8, 2020, the BOP calculated that Asher had served nine years, six months, and 20 days of his sentence of imprisonment, or 73.9 percent of the full term of imprisonment imposed by the Court. BOP Inmate Records at 4.
Asher explains that he has a reentry plan that will allow him to abide by all terms of supervised release and the sex offender registry while receiving needed healthcare and isolation. Mot. for Compassionate Release at 3. Asher will live with his wife, a teacher, at her home in a semi-rural setting that was chosen with sex offender registration in mind. Id. He will be on his wife's healthcare plan. Id. Asher's children are adults, he has no grandchildren, and no minor children reside with his wife. Id.
This Court's finding that the Section 3553(a) factors weigh in favor of compassionate release is in accord with the holdings of numerous other federal district courts within the Eleventh Circuit and beyond that have granted compassionate release to defendants convicted of non-production child pornography crimes during the COVID-19 pandemic. See, e.g., United States v. Feucht, No. 11-cr-60025-DDM, 462 F.Supp.3d 1339, (S.D. Fla. May 28, 2020) (considering Section 3553(a) factors and granting compassionate release to defendant incarcerated at FCI Jesup with diabetes convicted of distribution and possession of child pornography); United States v. Sawicz, No. 8-cr-287 (ARR), 453 F.Supp.3d 601, 605–06, (E.D.N.Y. Apr. 10, 2020) (considering Section 3553(a) factors and granting compassionate release to a defendant with hypertension convicted of possession of child pornography who had already once violated the conditions of a term of supervised release); see also Mot. for Compassionate Release at 48-49 (collecting cases).
The Court also finds that compassionate release would be consistent with applicable policy statements issued by the Sentencing Commission. The relevant policy statement explains that a court may order a sentence reduction under § 3582(c)(1)(A) when it determines, "after considering the factors set forth in 18 U.S.C. § 3553(a)," that "(1)(A) extraordinary and compelling reasons warrant the reduction; ... (2) 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) ; and (3) the reduction is consistent with this policy statement." U.S.S.G. § 1B1.13.
For the same reasons detailed above, the Court finds that Asher is not a danger to the safety of any other person or to the community as provided in Section 3142(g). Asher is 54 years old and wheelchair-bound. Upon release, Asher will isolate himself with his wife and no minor children at his wife's home in a semi-rural area that was chosen with sex offender registration in mind. Asher's offense did not involve physical contact with minors or the production of pornography. He has no history of drug or alcohol abuse. Sentencing Mem. at 26. Assuming Asher complies with the conditions of supervised release, and his past conduct indicates that he will, he does not pose such a danger to the public so as to outweigh the factors in favor of his release.
The commentary to U.S.S.G. § 1B1.13 provides that extraordinary and compelling circumstances exist where "[t]he defendant is suffering from 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, comment. (n.1(A)(ii)(II)). Asher suffers from several serious health conditions and is wheelchair-bound, which substantially diminishes his ability to provide self-care in prison during the COVID-19 pandemic. There is no indication that Asher is expected to recover from these health conditions or not remain wheelchair-bound. While Asher may not have met this criterion before the COVID-19 pandemic, because he is wheelchair-bound and dependent upon other inmates, it is impossible for him to both socially distance and ensure his basic needs are met. See generally Mattingley, No. 6:15-CR-5-NKM. Furthermore, as Asher explains in his Supplement and noted earlier in this Order, it appears that this Court's application of U.S.S.G. § 1B1.13, comment. (n.1(A)(ii)) to Asher is consistent with the interpretation of the DOJ. Thus, the Court finds that reducing Asher's sentence is consistent with the applicable policy statements of the Sentencing Commission.
Finally, while the Court is not persuaded that a defendant must demonstrate that the risk of COVID-19 infection is particularly high where the defendant is incarcerated, see Feucht, No. 11-cr-60025-DDM, the Court notes that Asher makes a compelling argument particular to FCI Jesup. See Def.'s Supplement at 7-9. From Wednesday, June 10, 2020, to Thursday, June 11, 2020, the number of new COVID-19 cases in Georgia jumped over 26%, the largest jump in cases since Georgia reopened in early May. Soo Kim, Georgia See Highest Single-Day Rise in Coronavirus Cases Since Reopening as More Restrictions Lifted, NEWSWEEK (June 12, 2020, 11:33 AM), https://www.newsweek.com/georgia-coroanvirus-cases-reopen-1510507. Since Asher's counsel filed the Motion for Compassionate Release, the number of reported COVID-19 cases in Wayne County increased from 17 to 33. See GEORGIA DEPARTMENT OF PUBLIC HEALTH DAILY STATUS REPORT , GA. DEP'T OF PUB. HEALTH , https://dph.georgia.gov/covid-19-daily-status-report (last visited June 12, 2020). The number of cases in surrounding counties has also increased. Def.'s Supplement at 8 (citing id. ).
Asher reports that there is no COVID-19 testing at FCI Jesup, that inmates are leaving the camp and returning after working, seldom wearing masks or personal protective equipment. Def.'s Supplement at 8. He also reports that the BOP staff hardly ever wear masks, even when preparing food, and that during the BOP nationwide lockdown following George Floyd's killing, Asher and 55-60 of his fellow inmates were brought into a 200-square-foot room which barely had adequate seating and no room to socially distance. Id. The BOP staff were not wearing masks, even while serving food and giving verbal instructions to the inmates. Id. Given Asher's medical conditions and the fact that he is wheelchair-bound and dependent upon fellow inmates and unable to socially distance at FCI Jesup in the best of times, the current circumstances further strengthen his case for compassionate release. IV. CONCLUSION
Accordingly, it is hereby ORDERED that Defendant Michael Asher's Motion for Compassionate Release Pursuant to 18 U.S.C. § 3582(c)(1)(A), as amended by the First Step Act of 2018 [Doc. 180], is GRANTED . Defendant's prison sentence is REDUCED to TIME SERVED followed by a term of supervised release of twenty (20) years.
It is further ORDERED that the Federal Bureau of Prisons shall release Defendant from the custody of FCI Jesup into the custody of his wife forthwith. Defendant shall not spend fourteen (14) days in quarantine at FCI Jesup prior to his release, but shall be released immediately into the custody of his wife upon the institution's receipt of this Order.
It is further ORDERED that, upon his release from imprisonment, Defendant shall proceed immediately to his wife's residence where he shall reside during his term of supervised release unless otherwise ordered by this Court.
It is further ORDERED that Defendant shall be on SUPERVISED RELEASE for a period of twenty (20) years under the same terms and conditions of supervised release previously imposed upon him and memorialized in the Corrected Judgment [Doc. 135], as well as the following additional terms and conditions:
1. For the first six (6) months from the date of his release from imprisonment, Defendant shall participate in the Home Detention Program and abide by all of the requirements of the program, which shall include the use of electronic monitoring equipment or other location verification system at the direction of his probation officer. Defendant shall be restricted to his residence at all times except for employment; education; religious service; medical, substance abuse, or mental health treatment; attorney visits; court appearances; court-ordered obligations; or other activities as pre-approved by the Court or probation officer. Defendant shall pay all or part of the costs of the program based upon his ability to pay as determined by his probation officer;
2. In addition, for the first fourteen (14) days of his term of home confinement, Defendant shall remain in quarantine at his wife's residence, and shall have no contact with any other person other than his wife, except for medical personnel;
3. Defendant will promptly notify his probation officer if he develops any symptoms of or is diagnosed with COVID-19 during the fourteen (14) day quarantine period so that the probation officer may in turn notify the Federal Bureau of Prisons for public health reasons; and
4. Rather than report in person, Defendant will, within 48 hours of his release, contact the United States Probation Office for the Northern District of Georgia to facilitate enforcement of Defendant's home confinement and other release conditions.
Although the Court assumes that Defendant's counsel will notify the Federal Bureau of Prisons of the issuance of this Order, the United States Attorney for the Northern District of Georgia is also DIRECTED to notify the Federal Bureau of Prisons of the issuance of this Order so that its provisions can be put into effect as quickly as possible. IT IS SO ORDERED this 15th day of June, 2020.