USA v. Ellison

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UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
United States of America
v. 	Case No. 14-cr-105-1-SM
Opinion No. 2020 DNH 160
Douglas Ellison
ORDER
Defendant’s motion for “compassionate release” from
incarceration under the First Step Act, 18 U.S.C. §
3582(a)(1)(A), given the COVID-19 pandemic, is properly before
the court as defendant has exhausted available administrative
remedies. 	Doc. No. 62.
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 factors set out in 18
U.S.C. § 3553(e) as well as Sentencing Commission Policies
(though that is not strictly required under the First Step Act).
Here, the government concedes that defendant’s medical
conditions place him in a high-risk category should he contract
COVID-19, and that defendant has met his burden to show
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“extraordinary and compelling” reasons warranting sentence
reduction. 	But, says the government, the sentencing factors
weigh heavily against defendant’s early release, particularly
the danger defendant poses to the community. 	See 18 U.S.C. §
3142(g); USSG § 1B1.13(2).
As of August 25, 2020, no staff member, and only one inmate
tested positive for the virus, and risk management procedures in
the New Hampshire State Prison have been both extensive and
largely successful in controlling the spread of the virus. 	The
current risk of contracting the virus is low. 	And, defendant’s
history strongly militates against release.
Defendant was convicted of bank robbery, has served just
over half of his 10-year sentence, has a history of recidivism,
having accumulated 16 criminal history points (placing him in
CHC VI), including violating terms of probation and parole in
the past, and is categorized as a career offender under the
Sentencing Guidelines. 	He has not met his burden to show that
he no longer poses a danger to the safety of the community. 	In
addition, defendant’s early release would, under these
circumstances, be inconsistent with the sentencing goals of
promoting respect for the law, imposing a just punishment,
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protecting the public, and providing for both general and
specific deterrence. 	18 U.S.C. § 3553(a).
Conclusion
Given the current low risk of community spread of the virus
in the facility, the danger to public safety defendant would
pose if released, and the sentencing factors militating against
defendant’s early release, the motion for compassionate release
under the First Step Act is hereby denied.
SO ORDERED.
____________________________
Steven J. McAuliffe
United States District Judge
September 15, 2020
cc: 	Jennifer C. Davis, AUSA
Dorothy E. Graham, Esq.
U.S. Probation
U.S. Marshal
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