USA v. Williams et al

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
United States of America
v. 	Case No. 12-cr-3-PB-1
Opinion No. 2022 DNH 112
Walter Williams
ORDER
Walter Williams received a 204-month sentence for Interference with
Commerce by Threat or Violence in violation of 18 U.S.C. § 1951 (two counts)
and Bank Robbery in violation of 18 U.S.C. § 2113(a) (one count). His
anticipated release date is August 2, 2027. He is before the court on a motion
for compassionate release.
Williams suffers from asymptomatic Low CD4 HIV and obesity. He has
received two COVID-19 vaccine shots and one booster shot, and he is
receiving treatment for his other health conditions. The government agrees
that Williams’ medical conditions provide an “extraordinary and compelling”
reason for his compassionate release during the pendency of the COVID-19
pandemic. The government does not take issue with Williams’ contention
that his release would also be consistent with the applicable Sentencing
Commission policy statement. The government instead bases its opposition to
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Williams’ motion on its contention that his early release would be
inconsistent with the factors that a court ordinarily must consider when
imposing a sentence pursuant to 18 U.S.C. § 3553(a). See United States v.
Texeira-Nieves, 23 F.4th 48, 54-55 (1st Cir. 2022) (explaining that § 3553
factors must “weigh in favor” of compassionate release).
I deny the motion for compassionate release because I agree with the
government that a reduction of Williams’ sentence would be inconsistent with
the § 3553 sentencing factors. Both his prior criminal record and his current
convictions demonstrate that he remains a danger to the public if he is
released prematurely. The defendant has two juvenile adjudications for
robbery and two distinct adult convictions for robbery. The defendant
committed his current crimes less than two years after completing a 210-
month sentence for multiple bank robberies. His current convictions are for
two armed robberies and a bank robbery. The crimes that led to his current
convictions are especially egregious. During the first armed robbery, he
brandished a firearm and assaulted a manager with the gun. During the
second armed robbery, he brandished a gun and pointed it directly at a store
employee. During the bank robbery, he grabbed a teller by the neck, forced
her to the vault, and ordered her to open the vault. While doing so, he kept
screaming that the teller was not moving fast enough and repeatedly asked
her, “what’s more important, the money or your life?” Given the serious
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nature of Williams’ criminal record and his crimes of conviction, a 204-month
sentence remains necessary to reflect the seriousness of his offenses, to deter
others from committing similar offenses, and to protect the public from
further crimes by the defendant.
I recognize that Williams suffers from serious medical conditions. I also
do not discount the efforts he had made to further his rehabilitation while
incarcerated. The problem is that his criminal record and crimes of conviction
continue to require the sentence that I originally imposed remain in place.
For these reasons, and the additional reasons set forth in the government’s
objection, the defendant’s motion for compassionate release (Doc. No. 73) is
denied.
SO ORDERED.
/s/ Paul J. Barbadoro
Paul J. Barbadoro
United States District Judge
September 9, 2022
cc: 	Counsel of Record
U.S. Probation
U.S. Marshal
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