Opinion
CASE NO. 2:19-CR-133-WKW [WO]
04-06-2021
UNITED STATES OF AMERICA v. LEADAM KELLY
ORDER
Before the court is Defendant LeAdam Kelly's pro se motion for compassionate release (Doc. # 49), in which Mr. Kelly seeks to modify an imposed term of imprisonment pursuant to 18 U.S.C. § 3582(c)(1)(A)(i). The Government has responded in opposition. (Doc. # 54.)
Mr. Kelly was convicted based on his guilty plea to one count of possession with intent to distribute 28 grams or more of cocaine base, in violation of 21 U.S.C. § 841(a)(1). As a result of his conviction, Mr. Kelly was sentenced to 60 months' imprisonment. (Doc. # 52.) Mr. Kelly's projected release date is June 3, 2023. See https://www.bop. gov/inmateloc/ (last visited Apr. 1, 2021).
Based upon a thorough review of the record, Mr. Kelly has not shown "extraordinary and compelling reasons" warranting his early release from prison. 18 U.S.C. § 3582(c)(1)(A). He also has not demonstrated that the medical staff at his designated federal correctional institution is unable to provide him adequate medical care for his health conditions. See 18 U.S.C. § 3553(a)(2)(D); see also United States v. Sanchez, No. 2:17CR337-MHT, 2020 WL 3013515, at *1 (M.D. Ala. June 4, 2020) (denying an inmate's motion for compassionate release in part based on the absence of evidence "that the prison is unable to meet [the inmate's] medical needs" (citing § 3553(a)(2)(D))). Furthermore, the balancing of the § 3553(a) factors does not favor release.
Accordingly, it is ORDERED that Mr. Kelly's motion for compassionate release (Doc. # 49) is DENIED.
It is further ORDERED that Mr. Kelly's motion for appointment of counsel (Doc. # 49) is DENIED.
DONE this 6th day of April, 2021.
/s/ W. Keith Watkins
UNITED STATES DISTRICT JUDGE