Opinion
3:12-cr-00178-MO-1
08-24-2021
UNITED STATES OF AMERICA v. CHRISTOPHER ADIN GRAHAM, Defendant.
OPINION AND ORDER
MICHAEL W. MOSMAN JUDGE
This matter comes before me on Defendant Christopher Adin Graham's Motion to Release from Custody [ECF 225]. Specifically, Mr. Graham moves the court for compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A)(i). Mot. for Release from Custody [ECF 225] at 1. For the following reasons, I DENY the motion.
DISCUSSION
Compassionate release is a statutory exception to the rule that a court may not modify a term of imprisonment once it has been imposed. 18 U.S.C. § 3582(c). Upon a proper motion, the court may reduce a term of imprisonment if, after considering applicable factors set forth in § 3553(a), the court finds that "extraordinary and compelling reasons warrant such a reduction" and the reduction is "consistent with applicable policy statements issued by the Sentencing Commission." 18 U.S.C. § 3582(c)(1)(A). A defendant must exhaust administrative remedies before moving the court for compassionate release. Id. The Government concedes that Mr. Graham has exhausted his administrative remedies. Gov't Resp. [ECF 246] at 4.
At this time, however, "the Sentencing Commission has not yet issued a policy statement 'applicable' to § 3582(c)(1)(A) motions filed by a defendant." United States v. Aruda, 993 F.3d 797, 802 (9th Cir. 2021) (per curiam).
Mr. Graham argues that he is an appropriate candidate for compassionate release because he tested positive for COVID-19 in July 2020 and could be reinfected, and the Bureau of Prisons ("BOP") cannot handle a rise in COVID-19 cases in the prison population. Mot. for Release from Custody [ECF 225] at 8-9. The Government argues that Mr. Graham's arguments fail for the following reasons: "[defendant's claims are significantly outdated.. .even if both were present concerns, they are neither extraordinary nor compelling... [and] after filing his motion, defendant was fully vaccinated." Gov't Resp. [ECF 246] at 5. Mr. Graham received both doses of the Pfizer-BioNTech COVID-19 vaccine. Id. at 6; [ECF 249] at 38-9.
I agree with the Government's position. Both of Mr. Graham's concerns have been remedied and he does not present any extraordinary or compelling circumstances in support of his motion. The vaccine that he received has so far proven to be highly effective at preventing severe illness and death. See When You've Been Fully Vaccinated, CDC, https:/ /www.cdc.gov/ coronavirus/2019-ncov /vaccines/fully-vaccinated.html (last updated August 19, 2021) ("COVID-19 vaccines are effective at preventing COVID-19 disease, especially severe illness and death.") ("COVID-19 vaccines are safe and effective against severe disease and death from variants of the virus that causes COVID-19 currently circulating in the United States, including the Delta variant.") Additionally, Mr. Graham is incarcerated at FCI Sheridan, which is currently reporting only thirty-two active COVID-19 cases arriong 1, 559 inmates. COVID-19 Update, Fed. Bureau of Prisons, https://www.bop. gov/coronavirus/ (last updated August 19, 2021) (click "Full breakdown and additional details . .." under "COVID-19 Cases"); FCI Sheridan, https://www.bop.gov/locations/institutions/she/ (last visited August 19, 2021). While the risk of reinfection exists, Mr. Graham does not demonstrate that he is at a higher risk of being reinfected than any other inmate. Therefore, this concern does not raise an "extraordinary and compelling" reason for Mr. Graham's compassionate release.
Recent data undermines Mr. Graham's claim that the BOP cannot handle COVID-19. Recent data demonstrates that the BOP has administered 211, 320 doses of the COVID-19 vaccine to inmates and prison staff. COVID-19 Update, Fed. Bureau of Prisons, https://www.bop.gov/coronavirus/ (last updated August 19, 2021). At FCI Sheridan 1, 077 inmates, out of 1, 559 total inmates, have received COVID-19 vaccines. Id. (click "Learn more about vaccinations and view individual facility stats + . . ." under "COVID-19 Vaccine Implementation"); FCI Sheridan, https://www.bop.gov/locations/institutions/she/ (last visited August 19, 2021). Accordingly, I find that relief under 18 U.S.C. § 3582(c)(1)(A)(i) is inappropriate.
CONCLUSION
For the foregoing reasons, I DENY Mr. Graham's Mot. for Release from Custody [ECF 225].
IT IS SO ORDERED.