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-47-1-SM
Opinion No. 2022 DNH 030
Terray Morrison
ORDER
Defendant moves for a sentence reduction under the
provisions of 18 U.S.C. § 3582(a)(1)(A) on grounds that he
suffers from severe asthma, is vulnerable to reacquiring COVID-
19 viral infection and potentially serious health consequences,
and, that his six-year-old daughter’s mother died from a drug
overdose in 2020 and he is the sole remaining parent able to
care for her.
The government concedes that defendant’s asthmatic
condition, coupled with the risks posed by COVID-19 (defendant
is at greater risk of serious medical consequences) qualify as
an extraordinary and compelling reason for release, but oppose
such relief on grounds that defendant would pose a serious
danger to the safety of the community if released.
Defendant’s prior convictions included a drug and a
firearms offense, as well as a parole violation. 	The offense of
conviction in this case involved a substantial cocaine
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distribution conspiracy in which defendant played a leadership
role. 	Pursuant to a plea agreement entered into with the
government, defendant was sentenced to the statutory mandatory
minimum period of incarceration — 10 years — which was less than
one-third of the Guideline maximum recommended period of 405
months. 	Defendant has served less than one-third of that
sentence.
Even accepting that his asthmatic condition, risk of COVID-
19 exposure, and that his daughter’s need for his parental care,
qualify as extraordinary and compelling reasons warranting a
sentence reduction, such a reduction would not be consistent
with the sentencing factors set out in 18 U.S.C. § 3553(e),
because he plainly poses a danger to the safety of the
community, given his substantial drug distribution activity and
the likelihood of recidivism suggested by his prior record and
failure to abide by parole conditions. 	See 18 U.S.C. § 3142(g);
U.S.S.G. § 1B1.13(2). 	Defendant’s early release would not be
consistent with the sentencing goals of imposing a just
punishment, protecting the public, and providing for both
general and specific deterrence.
Conclusion
Given the danger to public safety defendant would pose if
released, and the sentencing factors militating against early
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release, the motion for compassionate release (doc. no. 392) is
denied.
SO ORDERED.
____________________________
Steven J. McAuliffe
United States District Judge
March 11, 2022
cc: 	Georgiana MacDonald, AUSA
Anna Z. Krasinski, AUSA
Michael J. Iacopino, Esq.
U.S. Probation
U.S. Marshal
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