Opinion
CASE NO. 15-cr-339
01-25-2021
UNITED STATES OF AMERICA, Plaintiff, v. ERIC EDWARDS, Defendant.
OPINION & ORDER
[Resolving Doc. 618] :
Defendant Eric Edwards moves for compassionate release under 18 U.S.C. § 3582(c). Despite his young age, Edwards argues that his obesity and hypertension coupled with the high COVID-19 exposure risk at his prison facility justify reduction of his sentence to time served. The Government opposes. For the reasons stated below, the Court DENIES Edwards's motion.
Doc. 618.
Id.
Doc. 619.
I. BACKGROUND
On May 5, 2016, this Court sentenced Defendant Edwards to 110 months' imprisonment and four years' supervised release following his guilty plea to participating in a cocaine and heroin distribution scheme. Edwards was an organizing member of the conspiracy who sold drugs to lower-level distributors. Despite his previously convicted felon status, Edwards possessed and used loaded firearms in the scheme. Edwards also personally carried out and directed others to carry out violent actions to collect on drug debts and intimidate others. Edwards participated in at least one assault where a victim was badly beaten.
Doc. 376 at 2-3.
Doc. 298 at 7.
Id. at 9.
Id. at 6.
Id. at 7.
Edwards also had a significant previous criminal history, including aggravated battery, unlawful delivery of a controlled substance, possessing weapons under disability, and defacing firearm identification marks convictions. After earlier convictions, Edwards repeatedly violated probation orders either by failing drug tests, failing to report to his probation officer, or committing new crimes.
Id. at 11-17.
Id.
Edwards, now 30, claims that obesity and hypertension make him highly vulnerable to adverse sequelae if he contracts COVID-19. It is also undisputed that there are active COVID-19 cases at Edwards's prison facility, USP Atwater.
Doc. 618 at 1.
Federal Bureau of Prisons, COVID-19 Cases, https://www.bop.gov/coronavirus/ (last visited Jan. 22, 2021).
Edwards has a June 28, 2023 projected release date.
Federal Bureau of Prisons, Find an Inmate, https://www.bop.gov/mobile/find_inmate/byname.jsp#inmate_results (last visited Jan. 22, 2021).
II. LEGAL STANDARD
A. Exhaustion
The Court may modify a sentence upon defendant's motion filed at least 30 days after requesting compassionate release from his facility's warden. On August 6, 2020, Edwards petitioned USP Atwater's warden for compassionate release. On November 23, 2020, Edwards filed a compassionate release motion in this Court. Accordingly, Edwards satisfies 18 U.S.C. § 3582(c)(1)(A)'s exhaustion requirement.
18 U.S.C. § 3582(c)(1)(A); see also United States v. Alam, 960 F.3d 831, 834-35 (6th Cir. 2020).
Doc. 623-1.
Doc. 618.
B. Eligibility
To grant compassionate release, the Court must: (1) "find that extraordinary and compelling reasons warrant [a sentence] reduction," (2) "ensure that such a reduction is consistent with applicable policy statements issued by the Sentencing Commission," and (3) "consider[ ] all relevant sentencing factors listed in 18 U.S.C. § 3553(a)." Presently, there are no applicable Sentencing Commission policy statements for inmate-filed compassionate release motions.
"[I]n the absence of an applicable policy statement for inmate-filed compassionate-release motions, district courts have discretion to define 'extraordinary and compelling' on their own initiative." United States v. Elias, - F.3d —, No. 20-3654, 2021 WL 50169, *2 (6th Cir. Jan. 6, 2021).
Id. (citing United States v. Jones, 980 F.3d 1098, 1111 (6th Cir. 2020) (citing 18 U.S.C. § 3582(c)(1)(A))) (internal quotation marks omitted).
See Elias, 2021 WL 50169 at *2 ("[U.S.S.G.] § 1B1.13 is not an applicable policy statement for compassionate-release motions brought directly by inmates, and so district courts need not consider it when ruling on those motions."); Jones, 980 F.3d at 1108 (stating that "[t]he Commission's policy statement on compassionate release resides in U.S.S.G. § 1B1.13" but explaining that "§ 1B1.13 does not 'appl[y]' to cases where an imprisoned person files a motion for compassionate release.").
III. DISCUSSION
The Court finds that the balance of Edwards's alleged health problems and the 18 U.S.C. § 3553(a) sentencing factors weigh against releasing Edwards.
Edwards played a leading role in an 18-defendat cocaine and heroin distribution scheme. As part of the scheme, Edwards personally committed violence and used his position of authority to direct others to commit violent acts on his behalf. Consistent with those approaches, Edwards possessed multiple firearms, despite his felon status.
Doc. 298 at 4, 7.
Id. at 6.
Id.
Further, Edwards was not a first-time offender. He had previously been convicted of multiple felonies, including violent offenses. And Edwards had previously failed to comply with supervised release terms.
Id. at 11-17.
Id.
Edwards argues that he should nevertheless be granted compassionate release because he is the only member of his conspiracy still incarcerated. Indeed, this Court granted two Edwards co-defendants serving similar sentences compassionate release in 2020.
Doc. 618 at 4.
United States v. Neal, 5:15-cr-339, 2020 WL 4003049 (N.D. Ohio July 15, 2020); United States v. Edwards, 5:15-cr-339, 2020 WL 4003050 (N.D. Ohio July 15, 2020).
The Court rejects this argument, finding that two factors justify Edwards' different treatment.
First, Edwards is only 30 years old, 11 and 33 years younger than compassionately released co-defendants Lowrell Neal and Clifford Edwards, respectively. While Edwards does present some evidence of obesity and hypertension, Edwards's relative youth places him at decreased COVID-19 complication risk.
Federal Bureau of Prisons, Find an Inmate, https://www.bop.gov/mobile/find_inmate/byname.jsp#inmate_results (last visited Jan. 22, 2021).
Centers for Disease Control, Older Adults, https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/older-adults.html (Dec. 13, 2020).
Second, a COVID-19 vaccine has been developed since Edwards's co-defendants were released in 2020. And the Bureau of Prisons has begun administering vaccines to its inmates under Centers for Disease Control guidance. As of January 15, 2021, more than 17,000 vaccine doses have been administered to federal staff and inmates. As vaccine distribution increases over time, Edwards should be able to receive the vaccine.
Federal Bureau of Prisons, COVID-19 Vaccination Efforts Commended, https://www.bop.gov/resources/news/20210116_covid_vaccine_efforts_commended.jsp (Jan. 16, 2021).
Id.
Id. --------
For these reasons, the 18 U.S.C. § 3553(a) sentencing factors weigh against releasing Edwards.
IV. CONCLUSION
For these reasons, the Court DENIES Edwards's compassionate release motion. IT IS SO ORDERED. Dated: January 25, 2021
s/ James S . Gwin
JAMES S. GWIN
UNITED STATES DISTRICT JUDGE