Opinion
12-CR-6114L
07-15-2020
UNITED STATES of America, Plaintiff, v. Jewell D. WIGGINS, Defendant.
Charles E. Moynihan, U.S. Attorney's Office, Rochester, NY, for Plaintiff. Jeffrey L. Ciccone, Steven G. Slawinski, Federal Public Defender, Rochester, NY, for Defendant.
Charles E. Moynihan, U.S. Attorney's Office, Rochester, NY, for Plaintiff.
Jeffrey L. Ciccone, Steven G. Slawinski, Federal Public Defender, Rochester, NY, for Defendant.
DECISION AND ORDER
DAVID G. LARIMER, United States District Judge
Defendant Jewell D. Wiggins ("Wiggins") filed a motion (Dkt. #92), pro se , seeking compassionate release from imprisonment pursuant to 18 U.S.C. § 3582(c)(1)(A). The Government filed its Response (Dkt. #95) opposing the motion and the United States Probation Office for the Western District of New York filed a Report (Dkt. #97) concerning Wiggins and the circumstances at FCI Fort Dix Low, where Wiggins is currently being housed.
The basis for Wiggins's motion is the public health crisis involving the COVID-19 virus and the pandemic existing in this country and throughout the world. It is clear that the mere existence of the pandemic, as serious as it is, does not warrant automatic release of those serving significant terms of imprisonment. After reviewing all of the matters submitted on the motion, and carefully considering the statutory requirements, as well as the sentencing factors listed at 18 U.S.C. § 3553(a), the motion is hereby in all respects denied.
On October 25, 2013, Wiggins pleaded guilty pursuant to a Plea Agreement to a narcotics and a firearms offense. In its Response (Dkt. #95, pp.1-2), the Government sets forth in detail the factual basis supporting the charge, as well as a listing of some of Wiggins's multiple prior felony convictions. Based on the Plea Agreement and Wiggins's prior record, his United States Sentencing Guidelines were significant and the Court imposed a term principally of 188 months imprisonment plus a 6-year term of supervised release.
The defendant who seeks release has the burden under the statute of showing extraordinary and compelling reasons to reduce and modify the sentence originally imposed by this Court. The burden is a significant one. It does appear, however, that Wiggins has complied with the statutory requirement that he exhaust administrative remedies since he did make a request for release with the Bureau of Prisons, which has been denied.
On the merits, though, Wiggins has failed to carry his burden of showing extraordinary and compelling reasons for release. There is no doubt that the COVID-19 virus and the pandemic are serious and penal institutions have the potential for transmittal of the disease. But, simply because an inmate faces a risk of infection does not, by itself, warrant relief and reduction of the sentence.
Wiggins is 52 years old and therefore not especially vulnerable because of advanced age. The original Presentence Report (Dkt. #65) did not indicate a significant history of preexisting medical conditions. In his motion here, Wiggins claims anemia, abnormal glucose and prostate cancer, but none of those conditions place him in a higher risk category according to the factors set forth by the Center for Disease Control ("CDC"). Wiggins has complained of some pain and swelling in his legs which appears to be adequately treated by staff at the facility. According to the Report from Probation, Wiggins is regularly seen by medical staff and on June 12, 2020, he was tested for COVID-19 and that test was negative. As the Government notes in its Response, all of the medical conditions which Wiggins describes, whether considered individually or together, do not constitute such an extraordinary medical circumstance to warrant modification of Wiggins's substantial sentence. According to the Probation Report, at FCI Fort Dix Low there have been no inmate deaths and as of June 24, 2020, there was only one inmate who tested positive for the virus. There have been inmates in the past that have contracted the disease, but all have recovered according to the Government's Response (Dkt. #95, p.8).
In addition, the Government in its Response lists the significant steps taken by officials at FCI Fort Dix Low which appears to be effective in controlling the virus.
The Court must also consider the traditional sentencing factors under Section 3553(a) in determining whether compassionate release is warranted. Wiggins does not fare well in this analysis either. Wiggins has a lengthy criminal record with repeat convictions. These offenses constitute the fourth felony conviction of Wiggins and the Government in its Response (Dkt. #95, p.11) lists the several prior drug convictions and resulting prison sentences that have occurred over the past several decades. Based on that record, it is clear that Wiggins is a repeat offender who has shown very little ability to change his criminal activity. Repeat drug activity coupled with a firearms offenses compels the conclusion that Wiggins has and continues to impose a danger.
CONCLUSION
Defendant Jewell D. Wiggins's motion (Dkt. #92) for compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A) is DENIED.
IT IS SO ORDERED.