USA v. Lamarche et al

1
UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
United States of America
v. 	Case No. 16-cr-142-1-SM
Opinion No. 2020 DNH 216
Jeffrey M. Lamarche
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.
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).
While the COVID-19 virus is present in FCI Allenwood
Medium, where defendant is housed, prison administrators are
taking appropriate steps to limit its spread, and the government
Case 1:16-cr-00142-SM Document 47 Filed 12/10/20 Page 1 of 3

2
advises that there are, as of a few days ago, no positive cases
in defendant’s housing unit, and the facility is on lockdown to
contain the virus.
Here, the government concedes that defendant’s medical
conditions (obesity, hypertension and diabetes type II) place
him in a high-risk category should he contract COVID-19, and
that defendant has met his burden to show “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).
Defendant was convicted of conspiracy to possess with the
intent to distribute the controlled substance fentanyl. 	He was
sentenced to 96 months and has served just under half of that
term. 	Defendant has a history of recidivism, 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. 	Defendant has a poor disciplinary
record while incarcerated and his overall record provides little
reason to think that if released early, he would reliably abide
by restrictions imposed on his liberties, or would follow CDC
Case 1:16-cr-00142-SM Document 47 Filed 12/10/20 Page 2 of 3

3
guidelines designed to limit the spread of the virus, thereby
posing a risk to himself and 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, protecting the public, and
providing for both general and specific deterrence. 	18 U.S.C. §
3553(a).
Conclusion
Given the current modest risk of community spread of the
virus in the facility, and the appropriate steps being taken to
control that spread, and given the danger to public safety
defendant would pose if released, and the sentencing factors
militating against his early release, the motion for
compassionate release under the First Step Act (document no. 44)
is hereby denied.
SO ORDERED.
____________________________
Steven J. McAuliffe
United States District Judge
December 10, 2020
cc: 	Georgiana MacDonald, AUSA
Jeffrey S. Levin, Esq.
U.S. Probation
U.S. Marshal
Case 1:16-cr-00142-SM Document 47 Filed 12/10/20 Page 3 of 3