USA v. Reid

1
UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
United States of America
v. 	Case No. 05-cr-57-1-SM
Opinion No. 2022 DNH 031
Gordon Reid
ORDER
Defendant moves for “compassionate release” from
incarceration under the First Step Act, 18 U.S.C. §
3582(a)(1)(A) on grounds that he is at risk of contracting
serious illness due to the spread of the COVID-19 virus, and due
to a spinal stenosis condition.
The burden is on defendant to show that he is entitled to
relief, that is, 1) that extraordinary and compelling reasons
warrant a reduction in his sentence, and 2) such a reduction
would be consistent with the Sentencing Commission Policies
(though that is not strictly required under the First Step Act).
Defendant has not met that burden. 	With respect to COVID-
19 risks, the widespread distribution and ready availability of
highly effective preventative vaccines, and treatment protocols
have substantially ameliorated serious health risks due to
COVID-19 infection. 	The government also notes that defendant
has been vaccinated. 	Spinal stenosis, though painful and
sometimes debilitating, is a common condition, particularly
among older people, and one that is amendable to treatment by
Case 1:05-cr-00057-SM Document 689 Filed 03/14/22 Page 1 of 2

2
the Bureau of Prisons in the same general manner as it would be
treated outside of prison.
But even if defendant could establish an extraordinary and
compelling reason warranting a reduction of his sentence, such a
reduction would not be consistent with the sentencing factors
described in 18 U.S.C. § 3553(e), nor in the Sentencing
Commission policies. 	Defendant’s offense of conviction and his
criminal history make it plain that he poses a significant and
continuing risk to the safety of the community.
Conclusion
Given the declining risks associated with COVID-19 spread,
the ready availability of effective vaccines, that defendant is
vaccinated, the availability of new and effective treatment, the
general and treatable nature of spinal stenosis and the
continuing danger to the safety of the community posed by
defendant, and for the reasons given in the government’s
opposition memorandum, the motion for compassionate release
(doc. no. 680) and supplemental motion for compassionate release
(doc. no. 686) under the First Step Act are necessarily denied.
SO ORDERED.
____________________________
Steven J. McAuliffe
United States District Judge
March 14, 2022
cc: 	Aaron G. Gingrande, AUSA
David J. Haynes, Esq.
U.S. Probation
U.S. Marshal
Case 1:05-cr-00057-SM Document 689 Filed 03/14/22 Page 2 of 2