Opinion
18-cr-30 (AS)
07-29-2024
UNITED STATES OF AMERICA, v. MEDIN KOSIC, Defendant.
ORDER
ARUN SUBRAMANIAN, United States District Judge:
Defendant Medin Kosic was sentenced to 168 months' imprisonment after pleading guilty to conspiracy to distribute and possess with intent to distribute one kilogram and more of substances containing a detectable amount of heroin or fentanyl in violation of 21 U.S.C. §§ 812, 841(a)(1), 841(b)(1)(A), 841(b)(1)(C), and 846. In May and December 2020, Kosic moved for compassionate release under 18 U.S.C § 3582(c)(1)(A) based on the COVID-19 pandemic. Dkts. 348, 363. Both motions were denied by Judge Crotty. Dkts. 355, 377. Kosic now makes a third motion for compassionate release. Dkt. 435.
“18 U.S.C. § 3582(c)(1)(A), as amended by the First Step Act, establishes three requirements that must be satisfied before a court can grant a motion for compassionate release: (1) exhaustion of administrative remedies, absent waiver or forfeiture by the government, (2) consideration of the 18 U.S.C. § 3553(a) factors to the extent that they are applicable, and (3) a determination that the defendant's circumstances are indeed extraordinary and compelling.” United States v. Dixon, 2024 WL 725885, at *1 (2d Cir. Feb. 22, 2024) (cleaned up).
As explained in Judge Crotty's prior opinions, Kosic has not demonstrated extraordinary and compelling reasons for compassionate release based on his physical or medical conditions. Kosic previously failed to establish in either of his two prior motions that his health conditions (namely, hyperlipemia, hypertension, coronary artery disease, obesity, and a prior heart attack) are sufficiently serious as to warrant compassionate release. Dkt. 355 at 4; Dkt. 377 at 2-3. Kosic does not argue that his health conditions have worsened. To the contrary, Kosic states that he has been vaccinated against COVID-19, has received booster shots of the vaccine, and has survived one confirmed and two unconfirmed COVID-19 infections. See United States v. Muyet, 2024 WL 2830825, at *4 (S.D.N.Y. June 3, 2024) (“Consistent with the decisions made by courts in this district, because Defendant is fully vaccinated, he cannot establish extraordinary and compelling circumstances warranting his release based on his risk related to COVID-19.” (collecting cases)).
Kosic also cites the harsh conditions of incarceration during the COVID-19 pandemic, including lockdowns and reduced visits. “While the Court is sympathetic to the poor conditions many prisoners have faced during the pandemic, generalized statements about the conditions of confinement do not constitute compelling reasons for compassionate release.” United States v. Farmer, 2022 WL 47517, at *4 (S.D.N.Y. Jan. 5, 2022); see also United States v. Santana, 2023 WL 2625790, at *4 (S.D.N.Y. Mar. 24, 2023) (“[G]eneralized statements about prison conditions untethered to compelling specifics of the defendant's particular circumstances do not make the defendant's conditions ‘extraordinary and compelling.'” (collecting cases)).
In addition, the 18 U.S.C. § 3553(a) factors counsel against granting compassionate release. As Judge Crotty explained, a “reduction would undermine the goals of the sentence this Court considered in crafting Kosic's sentence,” “would provide an undue windfall to Kosic,” and would “create a disparity between Kosic's sentence, which was already at the bottom end of his plea agreement and in part reflected the leading role he played in the criminal enterprise, and those of his co-defendants.” Dkt. 355 at 5; see also Dkt. 377 at 8-10.
Because Kosic has failed to establish extraordinary and compelling reasons for a sentencing reduction and because reducing Kosic's sentence would undermine the sentencing goals of § 3553(a), Kosic's motion is DENIED. The Clerk of Court is directed to terminate Dkt. 435.
SO ORDERED.