USA v. Morrison et al

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UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
United States of America
v. 	Case No. 19-cr-47-10-SM
Opinion No. 2022 DNH 032
Mallory Nooks
ORDER
Defendant’s motion for “compassionate release” from
incarceration under the First Step Act, 18 U.S.C. §
3582(a)(1)(A) is properly before the court as defendant has
exhausted available administrative remedies. 	The government
concedes that defendant’s various medical conditions put her at
a heightened risk of serious illness posed by the spread of the
COVID-19 virus and its variants. 	(Defendant has tested
positive.) 	Accordingly, the government concedes that defendant
has made the requisite showing of an “extraordinary and
compelling reason” warranting a reduction of her sentence.
(defendant also argues that her co-defendant mother needs her
care and assistance at home.)
At this point, widespread distribution and availability of
highly effective vaccines, and treatment regimens, have
substantially reduced the risks of serious illness and death
from COVID-19 variants. 	But even accepting that defendant’s
medical conditions present “extraordinary and compelling”
reasons supporting compassionate release, she must also show
that such release would be consistent with the sentencing
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factors set out in 18 U.S.C. § 3553(e), and Sentencing
Commission policies (though that is not strictly required under
the First Step Act). 	That she cannot do.
Defendant was engaged in crack cocaine distribution in
significant quantities, while carrying a loaded firearm, as part
of a larger conspiracy. 	She continues to pose a danger to the
community if released early. 	She has served just over one-half
of the sentence imposed, and early release would be inconsistent
with the sentencing principles described in 18 U.S.C. § 3553(e),
specifically, service of a just sentence proportionate to the
criminal conduct, and the need for specific and general
deterrence.
Conclusion
The motions for compassionate release (doc. nos. 351 and
376) are necessarily denied for the reasons given, and those
articulated in the government’s opposition memorandum.
SO ORDERED.
____________________________
Steven J. McAuliffe
United States District Judge
March 14, 2022
cc: 	Anna Krasinski, AUSA
Behzad Mirhashem, Esq.
Cathy J. Green, Esq.
U.S. Probation
U.S. Marshal
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