USA v. Williams

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
vs.
MICHAEL ANTHONY WILLIAMS,
Defendant.
4:18-CR-40134-01-KES
ORDER DENYING MOTION FOR
RELIEF UNDER THE
FIRST STEP ACT
Defendant, Michael Anthony Williams, filed a motion for
compassionate release under 18 U.S.C. § 3582(c)(1)(A)(i). Docket 49.
Plaintiff, the United States of America, opposes the motion. Docket 52. For
the following reasons, the defendant’s motion for compassionate release is
denied.
BACKGROUND
On May 8, 2019, Williams pleaded guilty to conspiracy to distribute a
controlled substance in violation of 21 U.S.C. §§ 841(a)(1) and 846. Dockets 23,
27. On August 8, 2019, the court sentenced Williams to 188 months in custody
followed by five years of supervised release. Docket 41 at 1; Docket 43 at 2-3.
His sentence was later reduced to 94 months in custody. Docket 48 at 2. His
projected release date is October 2, 2025. See Find an Inmate., Fed. Bureau of
Prisons, https://www.bop.gov/inmateloc/ (last visited June 6, 2022).
Williams is incarcerated at FCI Forrest City Medium, a medium security
federal correctional institution. See id.; FCI Forrest City Medium, Fed. Bureau of
Prisons, https://www.bop.gov/locations/institutions/fom/ (last visited Jun. 6,
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2022). The total population at FCI Forrest City Medium is 1,586 persons. See
FCI Forrest City Medium.
In support of his motion, Williams argues his medical conditions, the
COVID-19 pandemic, his family circumstances, and his participation in BOP
programs warrant release from custody under the First Step Act (FSA).1
Docket 49 at 1-6. Williams submitted an Inmate Request to Staff form to the
warden of FCI Forrest City Medium on January 22, 2022, requesting he be
placed on home confinement due to extraordinary and compelling reasons. Id.
at 1; Docket 49-1 at 2. The warden failed to respond within 30 days of
receipt. Docket 49 at 1-2. Williams then filed a pro se motion with the court
seeking release under the FSA. Docket 49.
DISCUSSION
Because sentences are final judgments, a court ordinarily “may not
modify a term of imprisonment once it has been imposed[.]” 18 U.S.C.
§ 3582(c). In 2018, Congress passed the FSA. Pub. L. No. 115-391, 132
Stat. 5194 (2018). In pertinent part, the FSA amends
18 U.S.C. § 3582(c)(1)(A) to permit incarcerated defendants in certain
circumstances to file motions with the court seeking compassionate
1 Williams also seeks release on the grounds that he received ineffective
assistance of counsel in violation of the 6th Amendment and on the grounds
that his sentence now constitutes cruel and unusual punishment in violation
of the 8th Amendment, given the health conditions and other hardships he has
experienced since the imposition of his sentence. Docket 49 at 4. A
Compassionate Release Motion, however, is not the proper vehicle for these
claims. Instead, these claims may be appropriate for a petition for habeas
relief. Although Williams alludes to his habeas claims being time-barred, the
court cannot rule on these claims in a motion for compassionate release.
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release. Compassionate release provides a narrow path for defendants
with “extraordinary and compelling reasons” to leave prison early.
18 U.S.C. § 3582(c)(1)(A)(i). Such a reduction in sentence must take into
consideration the 18 U.S.C. § 3553(a) sentencing factors and be
consistent with applicable policy statements issued by the Sentencing
Commission. 18 U.S.C. § 3582(c)(1)(A).
The Sentencing Commission’s policy statement, which was adopted
before the FSA was passed, requires both “extraordinary and compelling
reasons” to warrant a sentence reduction and that the defendant not pose
a danger to the safety of others. USSG § 1B1.13(1)-(2) (Nov. 2021). The
burden to establish that a sentence reduction is warranted under 18
U.S.C. § 3582(c) rests with the defendant. See United States v. Jones, 836
F.3d 896, 899 (8th Cir. 2016).
Williams argues that the global COVID-19 pandemic, his health
conditions, his family circumstances, and his participation in BOP
programs satisfy the “extraordinary and compelling reasons” standard
under 18 U.S.C. § 3582(c)(1)(A)(i). Docket 49 at 1-6. He asks for a
sentence of time served and a period of home confinement as a condition
of supervised release. Id. at 7.
I. 	Administrative Exhaustion
Previously, only the BOP Director had the authority to bring a
compassionate release motion on a defendant’s behalf. With the enactment of
the FSA, however, Congress has now permitted courts to grant compassionate
release on motions filed by defendants “after the defendant has fully exhausted
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all administrative rights to appeal a failure of the Bureau of Prisons to bring a
motion on the defendant’s behalf or the lapse of 30 days from the receipt of
such a request by the warden of the defendant’s facility, whichever is
earlier. . . .” 18 U.S.C. § 3582(c)(1)(A).
On January 22, 2022, Williams submitted an Inmate Request to Staff
form requesting compassionate release due to his medical conditions, the
COVID-19 pandemic, and his family circumstances. Docket 49-1 at 2. On
March 7, 2022, Williams filed a pro se motion with the court for relief under
the FSA. Docket 49. Having presented his request to the warden and not
receiving a response within 30 days, and hearing no objection from the United
States, the court will presume Williams has satisfied the administrative
exhaustion requirement and will review the matter on the merits. See id at 2;
Docket 52 at 2.
II. 	Extraordinary and Compelling Reasons
The Sentencing Commission was directed by Congress to describe what
“should be considered extraordinary and compelling reasons” for
compassionate release and fashion “the criteria to be applied and a list of
specific examples.” See 28 U.S.C. § 994(t). The Sentencing Commission did so
by limiting “extraordinary and compelling reasons” to three categories. USSG §
1B1.13, cmt. n.1(A)-(C). The three categories pertain to a defendant’s (1)
serious physical medical condition or cognitive impairment, terminal illness,
deterioration of one’s physical or mental health because of the aging process,
(2) advanced age and deteriorating health in combination with the amount of
time served, and (3) compelling family circumstances. Id. A fourth catch-all
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category also exists for an “extraordinary and compelling reason other than, or
in combination with, the reasons described in subdivisions (A) through (C)” as
determined by the BOP. USSG § 1B1.13, cmt. n.1(D).
The court has detailed the governing law and the analysis it uses when
confronted with a compassionate release motion in many previous orders. E.g.,
United States v. Shields, 3:07-CR-30106-01-KES, 2021 WL 765001, at *2-3
(D.S.D. Feb. 26, 2021); United States v. Muhs, 4:19-CR-40023-02-KES, 2021
WL 534517, at *2-3 (D.S.D. Feb. 12, 2021); United States v. Adame, 4:18-CR-
40117-05-KES, 2020 WL 7212096, at *2-3 (D.S.D. Dec. 7, 2020); United States
v. Nyuon, 4:12-CR-40017-01-KES, 2020 WL 7029873, at *2-3 (D.S.D. Nov. 30,
2020). The court has assumed the policy statements still apply to
compassionate release motions brought under the FSA and utilizes USSG §
1B.13, Notes 1(A)-(D) to guide its analysis. See, e.g., Muhs, 2021 WL 534517, at
*3.
Williams contends the global COVID-19 pandemic, his health conditions,
his family circumstances, and his involvement in BOP programs satisfy the
“extraordinary and compelling reasons” standard under 18 U.S.C.
§ 3582(c)(1)(A)(i). Docket 49 at 1-6. Therefore, the court will analyze his
circumstances under the medical conditions category, USSG § 1B1.13 Note
1(A), the family circumstances category, USSG § 1B1.13 Note 1(C), and the
catch-all provision, USSG § 1B1.13 Note 1(D).
Assuming the court’s discretion to consider compassionate release is at
least as broad as the outdated policy statement of the Sentencing Commission,
Williams has failed to show that his reasons for release rise to the level of
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“extraordinary and compelling” circumstances justifying a reduction in
sentence.
A. 	Medical Conditions Category, Note 1(A)
As relevant here, the medical conditions category applies when the
defendant is suffering from a serious physical or medical condition that
substantially diminishes his ability to provide self-care within a correctional
facility and from which he is not expected to recover. USSG § 1B1.13
cmt. n.1(A)(i)(ii).
COVID-19 appears to pose a particular risk for individuals with certain
existing health conditions. The Centers for Disease Control and Prevention
(CDC) updated its current understanding of these risks. See People with Certain
Medical Conditions, Ctrs. for Disease Control & Prevention (May 2, 2022)
https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautins/people-
with-medical-conditions.html. The CDC states individuals with the following
conditions are more likely to become very sick with COVID-19: cancer or
having a history of cancer, chronic kidney disease, chronic liver disease (such
as alcohol-related liver disease, non-alcoholic fatty liver disease, autoimmune
hepatitis, and cirrhosis), chronic lung diseases (including moderate to severe
asthma, bronchiectasis, bronchopulmonary dysplasia, chronic obstructive
pulmonary disease, emphysema, chronic bronchitis, interstitial lung disease,
idiopathy pulmonary fibrosis, pulmonary embolism, and pulmonary
hypertension), cystic fibrosis, dementia or other neurological conditions,
diabetes (type 1 or type 2), having certain disabilities (such as ADHD, cerebral
palsy, birth defects, intellectual and developmental disabilities, learning
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disabilities, spinal cord injuries, or Down syndrome), heart conditions (such as
heart failure, coronary artery disease, cardiomyopathies, or hypertension), HIV
infection, immunocompromised state (having chemotherapy or a solid organ
transplant), mental health conditions (having mood disorders, including
depression, and schizophrenia spectrum disorders), being overweight or obese,
partaking in little or no physical activity, pregnancy, sickle cell disease or
thalassemia, being a current or former smoker, having a solid organ or blood
stem cell transplant, stroke or cerebrovascular disease, substance use
disorders (such as alcohol, opioid, or cocaine use disorder), and tuberculosis.
Id.
The court has reviewed the medical records in this case. Williams’
medical conditions include hyperlipidemia, anxiety disorder, sciatica, lower
back pain, headaches, and insomnia. Docket 51 at 1. He is not currently
prescribed any medication. See id. at 15. As of January 13, 2022, Williams
weighed 262 pounds and was 75 inches tall. Id. at 5. 	Based on his weight and
height, his body mass index (BMI) is 32.7, which falls in the obese category.
See Adult BMI Calculator, https://www.cdc.gov/healthyweight/assessing/bmi
/adult_bmi/english_bmi_calculator/bmi_calculator.html (last visited June 6,
2022). He has been counseled on his diet and exercise in the past. Id. at 94,
111-112, 143, 145, 192.
Williams also claims he suffers from heart arrhythmia, high blood
pressure, bipolar disorder, and panic attacks. Docket 49 at 1. He has not
submitted any documents supporting his claims of heart arrhythmia and panic
attacks beyond his motion and neither are listed by his medical providers as a
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condition for which he is currently being treated.
Mood disorders such as bipolar disorder are among the CDC’s list of
conditions that put a person at increased risk of severe illness from COVID-19.
See People with Certain Medical Conditions. Williams reported being diagnosed
with bipolar disorder in 2013. Docket 36 ¶ 59. During his presentence
interview, he reported taking Sertraline and he believed the medication was
helping stabilize his mood. Id. While in BOP custody, he received prescriptions
of OLANZapine and Sertraline and noted in a visit on September 17, 2019, that
he does not get angry anymore. Docket 51 at 20, 76, 82-83, 121. These
prescriptions were discontinued due to noncompliance on October 15, 2019.
Id. at 69. Williams’ bipolar disorder is listed in his medical records as being in
remission. Docket 51 at 1.
Williams cites his high blood pressure as an adverse medical condition
that contributes to his extraordinary and compelling reasons justifying an early
release. Docket 49 at 1-2. While hypertension is among the CDC’s list of
conditions that potentially increase the risk of severe illness from COVID-19,
Williams had elevated blood pressure without a diagnosis of hypertension. See
Docket 51 at 1. Further, this condition is now in remission. Id. He was seen by
health services on March 17, 2020, for hypertension and was counseled on his
diet and exercise. Id. at 143. Similarly, Williams has a current diagnosis of
hyperlipidemia. Id. at 1. He was prescribed Atorvastatin and counseled on his
diet. Id. at 71-72, 111, 121. In a health service visit on March 24, 2020, he
noted that he stopped taking his Atorvastatin. Id. at 190. Neither
hyperlipidemia nor elevated blood pressure without a diagnosis of hypertension
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are on the CDC list of conditions that put a person at increased risk of severe
illness from COVID-19. To the extent that he takes his medication and follows
health service’s counseling, these conditions are appropriately managed at
Forrest City FCC.
Williams also asserts that he is experiencing long-term complications
since contracting COVID-19. Docket 49 at 2. On December 5, 2020, Williams
tested positive for COVID-19. Docket 51 at 164. While in isolation, records
show he experienced no cough, shortness of breath, fatigue, body aches, sore
throat, diarrhea, headache, nausea, or vomiting. Id. at 154-57, 201-04. The
records indicate his asymptomatic COVID-19 case was resolved after
completing ten days in isolation. Id. at 136-37. Williams, however, claims he
never fully recovered and is experiencing “fatigue, migraines, itchy throat,
coughing bouts as well as increased chest pain, tightness[,] and multiple heart
discomforts[.]” Docket 49 at 2. Screenings conducted in November 2021, nearly
one year after Williams had COVID-19, indicate that he had no cough,
shortness of breath, fatigue, body aches, sore throat, diarrhea, headache, loss
of taste or smell, nausea, or vomiting. Docket 51 at 201-204. There are no
medical records demonstrating the existence of these long-term COVID-19
complications. Thus, the court concludes that Williams’ prior case of
asymptomatic COVID-19 does not warrant release for “extraordinary and
compelling reasons.”
Of his current medical conditions, Williams’ anxiety disorder and obesity
are the only conditions identified by the CDC as increasing or potentially
increasing the risk of severe illness from COVID-19. See People with Certain
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Medical Condition. Williams declined medication for his anxiety and reported
that he has been able to cope with instructions from psychologists. Docket 51
at 177. The court has required a more particularized showing of a risk of
serious illness from COVID-19 when evaluating compassionate release
motions. See, e.g., United States v. Wright, 4:16-CR-40083-04-KES, 2021 WL
391605 (D.S.D. Feb. 4, 2021) (denying compassionate release to defendant with
BMI of 35.5, bipolar disorder, asthma, latent tuberculosis infection, and
chronic and allergic rhinitis); Adame, 2020 WL 7212096, at *4-5 (denying
compassionate release to defendant with BMI of 33.8, asthma, anxiety, and
positive case of COVID-19). After reviewing Williams’ medical records, the court
is not convinced that Williams’ health conditions prevent him from providing
self-care in a correctional facility setting, nor does the court believe his medical
conditions amount to extraordinary and compelling circumstances.
Additionally, the COVID-19 pandemic alone is insufficient to warrant
early release. The BOP has made significant changes to correctional operations
since the pandemic started in early 2020. See COVID-19 Coronavirus, Fed.
Bureau of Prisons, https://www.bop.gov/coronavirus/ (last visited June 6,
2022). These include sanitary and safety measures, restrictions on movement,
and visitation restrictions, among others. Id. The BOP has also transferred
many thousands of inmates to home confinement. See id. Since March 26,
2020, 42,741 inmates have been placed in home confinement. Id. These
measures have led to a dramatic decrease in the total BOP population, which
in turn has increased opportunities for social distancing and reduced the
strain on BOP resources.
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The court believes Williams’ medical conditions are appropriately
managed at FCI Forrest City Medium. Although Williams claims the facility is
ignoring COVID protocols, the facility is engaged in appropriate efforts to
protect inmates against the spread of COVID-19, and the facility would act to
treat any inmate who does contract COVID-19. Docket 49 at 4. This is reflected
in the data for FCI Forrest City Medium. There are currently no inmates
positive for COVID-19. There were two deaths as a result of COVID-19, and
287 inmates have recovered from COVID-19. See COVID-19 Coronavirus. This
persuades the court that FCI Forrest City Medium has acted appropriately to
treat inmates who do contract COVID-19. The court believes the facility will
continue to appropriately treat inmates who do so.
The BOP’s vaccination program for staff and inmates is another
protective measure warranting consideration in this stage of the COVID-19
pandemic. The BOP has implemented a COVID-19 vaccination plan to protect
inmates and staff and limit the transmission of COVID-19 within the facilities.
See id. As of June 6, 2022, 319,716 doses have been administered systemwide.
Id. At Forrest City FCC, 325 staff and 2,845 inmate inoculations were fully
completed as of June 6, 2022. Id. 	Williams refused a COVID-19 Moderna
vaccine on April 8, 2021. Docket 51 at 211. This leads the court to conclude
Williams is not overly concerned about protecting himself against serious
illness.
Moreover, the BOP’s efforts to limit the spread of COVID-19 and protect
inmates appear to be working. As of June 6, 2022, the BOP reported only 159
federal inmates have confirmed positive test results for COVID-19 nationwide.
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See COVID-19 Coronavirus. There are currently 139,529 federal inmates in
BOP-managed facilities. Id.
In light of the above, the court finds Williams’ medical conditions do not
clear the high bar necessary to warrant compassionate release for
“extraordinary and compelling reasons” under 18 U.S.C. § 3582(c)(1)(A)(i).
B. 	Family Circumstances Category, Note 1(C)
To justify compassionate release under the family circumstances
category, USSG § 1B1.13 Note 1(C), the defendant must demonstrate one of the
following: (1) “[t]he death or incapacitation of the caregiver of the defendant’s
minor . . . children” or (2) “[t]he incapacitation of the defendant’s spouse or
registered partner when the defendant would be the only available caregiver for
the spouse or registered partner.” Williams informs the court that Valentina
Abazi, his “registered spouse,” is incapacitated and cannot provide self-care.
Docket 49 at 4. He claims Abazi has depression and anxiety but provides no
medical records to substantiate these claims. Id. Instead, he provides contact
information for Abazi’s psychologist and physicians. Docket 49-1 at 11.
Further, he provides no details on how her conditions render her incapacitated.
Williams has failed to show the court that Abazi is incapacitated and that
Williams is the only caregiver available to his partner.
Williams also claims that Abazi is incapable of rendering parental duties.
Docket 49 at 4. Despite no mention of a child in his 2019 PSR, he asserts that
his twelve-year-old son has been struggling with behavioral issues due to
Abazi’s health and Williams’ incarceration. Id.; See also Docket 36 ¶¶ 53-57.
But again, he only provides contact information for his son’s school, and does
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not provide any further details or evidentiary support for his son’s behavioral
issues or that he is the only available caregiver for the minor child. Docket 49-1
at 13. Thus, he has failed to demonstrate family circumstances that constitute
extraordinary and compelling reasons for release. Though the court is not
unsympathetic, Williams does not qualify for release under the family
circumstances category.
C. 	Catch-all Category, Note 1(D)
The catch-all category in Note 1(D) does not result in a different outcome.
The catch-all category allows for release if there are extraordinary and
compelling reasons other than, or in combination with, those identified in 1(A)
through 1(C). USSG § 1B1.13, cmt. n.1(D). Williams alleges his participation in
various programs offered by the Bureau of Prisons merits compassionate
release. Docket 49 at 6. He states he has completed or is currently taking more
than twelve programs. Id. But “rehabilitation of the defendant alone shall not
be considered an extraordinary and compelling reason.” 28 U.S.C. § 994(t).
Williams also points out that he is nonviolent with only “one blemish” for
possessing a cellphone on his disciplinary record. Docket 49 at 6. Williams’
disciplinary record, however, shows that in addition to this infraction, he has
been sanctioned for failing to stand count on two different occasions and
refusing to obey orders, all occurring in 2020 and 2021. Docket 51 at 217-18.
After considering the ongoing COVID-19 pandemic combined with Williams’
health conditions, family circumstances, and his participation in BOP
programs while incarcerated, the court is not convinced that “extraordinary
and compelling reasons” exist to release him early from custody.
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III. 	Sentencing Factors of § 3553(a)
The 3553(a) sentencing factors further show that compassionate release
is not warranted. Williams pleaded guilty to conspiracy to distribute a
controlled substance. Docket 23. In May 2016, the Department of Criminal
Investigation interviewed a source of information who indicated that Williams
was distributing and had in his possession large quantities of
methamphetamine in South Dakota. Docket 42 ¶ 7. The PSR outlines
numerous instances indicating that Williams was regularly receiving large
amounts of methamphetamine through the mail from California. Id. ¶¶ 14-18,
22-26. A co-conspirator estimated that during the time Williams lived with
her, he sent approximately 30 pounds of methamphetamine through the mail.
Id. ¶ 23.
Williams also had an individual collect money on his behalf from his
drug transactions. Id. ¶ 24. The individual estimated he collected $10,000 to
$30,000 for Williams’ drug operation. Id. Additionally, the individual picked
up methamphetamine from Williams’ supplier on behalf of Williams on two
separate occasions. Id. ¶ 25. Williams then paid the same individual to receive
and distribute various drug packages for Williams’ drug operation. Id. An
additional co-conspirator stated he received 4 to 6 pounds of
methamphetamine per week from Williams between March and May 2018. Id.
¶ 26. At the conclusion of the investigation, approximately 39.92 kilograms of
methamphetamine were attributed to Williams. Id. ¶ 27.
The total offense level was calculated as 35 and Williams was in criminal
history category II. Id. ¶¶ 41, 48. As a result, the guideline range was 188-235
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months in custody. Id. ¶ 72. The court sentenced Williams at the bottom of
his guideline range to 188 months in custody and later reduced the sentence
to 94 months in custody. Docket 43 at 2; Docket 48 at 2. After careful
consideration, the court concludes Williams’ sentence of 94 months continues
to be appropriate for the seriousness of the crime to which he pleaded guilty.
CONCLUSION
Williams has failed to satisfy the extraordinary and compelling
reason standard. Thus, it is
ORDERED that the defendant’s motion for relief under the First
Step Act (Docket 49) is denied.
Dated June 21, 2022.
BY THE COURT:
/s/ Karen E. Schreier
KAREN E. SCHREIER
UNITED STATES DISTRICT JUDGE
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