Opinion
CRIMINAL 22-72 (JRT/ECW)
08-23-2024
UNITED STATES OF AMERICA, Plaintiff, v. CARLOS MAURICE HARRIS, JR., Defendant.
Craig R. Baune and Harry Jacobs, UNITED STATES ATTORNEY'S OFFICE, 300 South Fourth Street, Suite 600, Minneapolis, MN 55415, for Plaintiff. Carlos Maurice Harris, Jr., Reg. No. 00531-510, Federal Correctional Institution Pekin, P.O. Box 5000, Pekin, IL 61555, pro se Defendant.
Craig R. Baune and Harry Jacobs, UNITED STATES ATTORNEY'S OFFICE, 300 South Fourth Street, Suite 600, Minneapolis, MN 55415, for Plaintiff.
Carlos Maurice Harris, Jr., Reg. No. 00531-510, Federal Correctional Institution Pekin, P.O. Box 5000, Pekin, IL 61555, pro se Defendant.
MEMORANDUM OPINION AND ORDER DENYING MOTION FOR COMPASSIONATE RELEASE
JOHN R. TUNHEIM, UNITED STATES DISTRICT JUDGE
Carlos Maurice Harris, Jr. is serving a 36-month sentence for being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922(g)(1) and 942(a)(2). Harris requests that the Court grant him compassionate release under 18 U.S.C. § 3582(c)(1)(A)(i) to address medical and family needs. The Court will deny Harris's motion because he has not shown that extraordinary and compelling reasons warrant compassionate release, and because a sentence reduction would be inconsistent with the 18 U.S.C. § 3553(a) sentencing factors.
BACKGROUND
The United States indicted Carlos Maurice Harris, Jr. for two counts of being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922(g)(1) and 942(a)(2). (Indictment, Apr. 20, 2022, Docket No. 1.) Harris pleaded guilty to the second count and the Court sentenced Harris to a 36-month term of imprisonment followed by three years of supervised release. (Sentencing J. at 1-3, Feb. 8, 2023, Docket No. 107.) Harris now seeks compassionate release to address medical conditions and to assist his wife in caring for their children. (Mot. Reduce Sentence at 2, Feb. 1, 2024, Docket No. 117.) At the time of filing, Harris was incarcerated at F.C.I. Pekin. (Id. at 1.) It appears that Harris has since moved to a residential reentry program in Phoenix, Arizona. Inmate Locator, Fed. Bureau of Prisons, https://www.bop.gov/inmateloc (last visited August 16, 2024). His projected release date is August 10, 2025.
Harris filed a motion for compassionate release seeking relief on several grounds. (Mot. Reduce Sentence.)First, Harris raises health concerns. (Id. at 6-8, 10, 12-19.) He has three Tubular Adenoma Precancerous Polyps on his colon, which were initially incorrectly diagnosed as hemorrhoids by prison staff. (Id. at 6.) Harris also claims to be susceptible to COVID-19. (Id. at 6, 9-11.) Second, Harris reports that his wife suffers from Post-Partum Syndrome, making it “extremely hard” for her to care for their children without his support. (Id. at 19-20.) Finally, he details the programming he has taken and release plan he has developed to ensure a successful transition back into society. (Id. at 21-22.)
Although Harris's motion referenced U.S.S.C. Amendment 821, he has since filed letters clarifying he is only seeking compassionate release, not a sentence reduction pursuant to 28 U.S.C. § 3582(c)(2). (Letter to Clerk's Office, May 21, 2024, Docket No. 126; Letter to District Judge, May 31, 2024, Docket No. 130.)
DISCUSSION
The First Step Act of 2018 amended the procedure for compassionate release. See Pub. L. No. 115-391, 132 Stat. 5194, 5239 (codified at 18 U.S.C. §. 3582(c)(1)(A)). The Act allows a defendant to move for relief after having “fully exhausted all administrative rights to appeal a failure of the Bureau of Prisons to bring a motion on the defendant's behalf or the lapse of 30 days from the receipt of such a request by the warden of the defendant's facility, whichever is earlier.” 18 U.S.C. § 3582(c)(1)(A). Harris's motion is ripe for consideration because he filed with the Bureau of Prisons on December 27, 2023. (See Mot. Reduce Sentence at 5).
The Court may modify a defendant's sentence if, after considering the factors set forth in section 3553(a), it finds that “extraordinary and compelling reasons warrant such a reduction” and that “such a reduction is consistent with applicable policy statements issued by the Sentencing Commission.” 18 U.S.C. § 3582(c)(1)(A)(i). Extraordinary and compelling reasons include certain medical and family circumstances. U.S.S.G. § 1B1.13(b).
The Sentencing Commission notes that extraordinary and compelling reasons may exist when a defendant is suffering from a terminal illness or a serious physical or medical condition that substantially diminishes the defendant's ability to provide self-care. U.S.S.G. § 1B1.13(b)(1)(B). Harris describes two medical issues he believes meet that bar.
Harris argues that the three Tubular Adenoma Precancerous Polyps located on his colon, his associated symptoms, and his delayed surgery suffice to grant him compassionate release. However, Harris does not establish sufficient evidence that his health condition is terminal, he is experiencing deteriorating physical or mental health because of the polyps, or he is being deprived of adequate and timely medical care. U.S.S.G. § 1B1.13(b)(1).
Additionally, Harris argues that his risk of contracting COVID-19 is extraordinary and compelling. The Court analyzes his risk as if he were still at F.C.I. Pekin, as he was when he filed the motion, but notes that the risk has likely decreased further if he is now located at a residential reentry location. A successful motion for compassionate release due to COVID-19 requires the defendant to show both a “particularized susceptibility” to the virus and “a particularized risk of contracting that disease at his prison facility.” United States v. Robinson, No. 17-318, 2020 WL 4463363, at *5 (D. Minn. Aug. 4, 2020) (citation omitted). Compassionate release is inappropriate “when evidence demonstrates that the BOP facility at issue has instituted COVID-19 policies to keep prisoners reasonably safe, the BOP facility has been successful at preventing the spread of the virus, and the defendant's ability to provide self-care is not substantially diminished.” United States v. Ocanas, 516 F.Supp.3d 936, 941 (D. Minn. 2021).
See also United States v. Hutterer, No. 11-139, 2020 WL 4813357, at *3 (D. Minn. Aug. 19, 2020) (denying motion for compassionate release despite defendant's serious medical condition because the BOP facility documented only two active COVID cases among both inmates and staff); United States v. Bledsoe, No. 19-36, 2020 WL 4559424, at *4 (D. Minn. Aug. 7, 2020) (denying motion for compassionate release despite defendant's particularized health risk for COVID because the BOP facility adequately protected against the spread of the virus).
F.C.I. Pekin currently has zero reported cases of COVID-19, and the Bureau of Prisons continues to provide vaccines and operate facilities in manners designed to reduce the risk of COVID-19. COVID-19 Coronavirus; Update on COVID-19 Vaccinations, Fed. Bureau of Prisons (Jan. 15, 2021), https://www.bop.gov/resources/news/pdfs/20210115pressreleasevaccination.pdf. Despite Harris's medical issues and previous infections, the possibility of future COVID-19 infection is not an “extraordinary and compelling reason” for compassionate release. See United States v. Swarn, No. 20-118, 2023 WL 4936214, at *2 (D. Minn. Aug. 2, 2023). And it is even less so if he is now at a residential reentry facility, with a lower population and potential sources of exposure.
Second, Harris argues that the Court should grant compassionate release because of his family circumstances. The Sentencing Commission notes that family circumstances may constitute an extraordinary or compelling reason in the event of “[t]he death or incapacitation of the caregiver of the defendant's minor child or minor children.” U.S.S.G. § 1B1.13(b)(3)(A). Incapacitation occurs when the “family member caregiver suffered a severe injury (e.g., auto accident) or suffers from severe illness (e.g., cancer) that renders the caregiver incapable of caring for the child.” Fed. Bureau of Prisons, Program Statement 5050.50 at 7 (2019). Harris argues that because his wife suffers from Post Partum Syndrome, he must care for his children. Although the Court sympathizes with the difficult circumstances Harris's family faces, Harris does not demonstrate that his wife is incapacitated and incapable of caring for their children. Harris's wife, although with some difficulty, is still able to clothe, feed, and shelter their children. (Mot. Reduce Sentence at 20.) And his wife sought and receives “both emotional and physical support” from her parents. (Id.)
Finally, Harris notes that he has devoted himself to numerous programs while in prison and has a detailed release plan. This programming experience and dedication towards post-incarceration life is commendable, will help Harris readjust towards postincarceration life, and supports his motion. However, it is not enough to allow compassionate release.
ORDER
Based on the foregoing, and all the files, records, and proceedings herein, IT IS HEREBY ORDERED that Defendant's Motion for Compassionate Release [Docket Nos. 117, 129, 131] is DENIED.