USA v. Island

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
WESTERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
vs.
DUSTIN ISLAND,
Defendant.
CR. 19-50150-JLV
ORDER
INTRODUCTION
Defendant Dustin Island, appearing pro se, filed a motion for
compassionate release together with a packet of his medical records and
administrative records from the Bureau of Prisons (“BOP”). 	(Dockets 56 &
56-1), 	Pursuant to Amended Standing Order 20-06, the Federal Public
Defender for the Districts of South Dakota and North Dakota (“FPD”) and the
United States Attorney for the District of South Dakota filed records,
submissions and briefing on his motion. 	(Dockets 57, 59 & 62-64). 	The court
ordered the government to acquire and file additional BOP medical records of Mr.
Island. 	(Docket 65). 	The supplemental medical records were filed. 	(Dockets
66-67). 	The parties then filed simultaneous supplemental briefs. 	(Dockets 68
& 70). 	For the reasons stated below, defendant’s motion is denied.
AMENDED STANDING ORDER 20-06
Amended Standing Order 20-06,1 captioned “Establishing a Procedure for
Compassionate Release Motions Under the First Step Act,” put in place “a
1 See https://www.sdd.uscourts.gov/socraa.
Case 5:19-cr-50150-JLV Document 72 Filed 09/16/22 Page 1 of 16 PageID #: <pageID>

2
procedure for submission and consideration of compassionate release motions
under the First Step Act, 18 U.S.C. § 3582(d)(l)(A), in the wake of the spread of
the COVID-19 virus into the federal prison system.” 	(ASO 20-06 at p. 1). 	By
the standing order, the FPD and the United States Attorney for the District of
South Dakota are “to place [the defendant] into one of four categories[.]” 	Id.
¶ 4. 	Those categories are:
a. 	High Priority Cases where there exists some combination of:
(i) medical issues that correspond to the categories outlined in
the 	commentary 	to 	U.S.S.G. 	§ 	l.B.1.13; 	(ii) 	recognized
COVID-19 risk factors in the inmate’s medical history; and/or
(iii) imprisonment in a federal facility known to have a serious
COVID-19 outbreak in its population. . . .
b. 	Intermediate Priority Cases where identified medical issues
and/or COVID-19 risk factors and/or institutional concerns
are less extreme than High Priority Cases.
c. 	Low Priority Cases where there are no identifiable medical
issues or COVID-19 risk factors.
d. 	Unknown 	Risk 	Cases 	where 	there 	is 	a 	lack 	of 	sufficient
information 	to 	categorize 	the 	request 	for 	compassionate
release.
Id. 	The FPD and U.S. Attorney are to “immediately report the categorization
. . . to the Clerk of Court and the Probation Office.” 	Id.
MR. ISLAND’S CLASSIFICATION
On March 31, 2022, the FPD and the U.S. Attorney filed a notice
designating Mr. Island as a High Priority case. 	(Docket 57).
FACTUAL BACKGROUND
Mr. Island pled guilty to possession with intent to distribute a controlled
substance in violation of 21 U.S.C. §§ 846, 841(a)(1) & 841(b)(1)(B). 	(Dockets
Case 5:19-cr-50150-JLV Document 72 Filed 09/16/22 Page 2 of 16 PageID #: <pageID>

3
26 & 27). 	On June 9, 2020, Mr. Island was sentenced to a term of
imprisonment of 92 months followed by four years of supervised release.
(Dockets 38 & 39 at pp. 2-3). 	A presentence investigation report ordered by the
court calculated Mr. Island’s advisory guideline range as 92 to 115 months of
imprisonment based on a total offense level of 23 and his criminal history
category VI. 	(Docket 32 ¶ 81).
Mr. Island is currently an inmate at FMC Butner, a secure medical facility
in Butner, North Carolina. 	Fed. Bureau Prisons, https://www.
bop.gov/inmateloc/ (last checked August 28, 2022). 	The total inmate
population at FMC Butner is currently 867 persons. 	https://www.bop.gov.
locations/institutions/buh/ (last checked August 28, 2022). 	As of August 28,
2022, there is one active COVID-19 cases among inmates and seven active cases
among staff at FMC Butner. 	https://www.bop.gov/coronavirus/ (last checked
August 28, 2022). 	FMC Butner reported five deaths of inmates and no deaths of
staff as a result of COVID-19, and 204 inmates and 273 staff have recovered as of
August 28, 2022. 	Id.
Mr. Island has a scheduled release date of May 19, 2026. 	https://www.
bop.gov/inmateloc/ (last checked August 28, 2022). 	See also Docket 59 at
p. 575. 	As of August 28, 2022, he has served approximately 36.5 percent of his
statutory sentence, and under his current status in the BOP, Mr. Island is
eligible for home detention on November 11, 2025. 	Id. at p. 574. 	Mr. Island is
43 years old. 	Id. at p. 1.
Case 5:19-cr-50150-JLV Document 72 Filed 09/16/22 Page 3 of 16 PageID #: <pageID>

4
MR. ISLAND’S MOTION
Mr. Island’s pro se motion seeks compassionate release on the basis of
extraordinary and compelling reasons in light of his medical diagnosis of “Type B
large Cell Non-Hodgkin’s Lymphoma, [a] rare and very aggressive cancer of the
blood” and his confinement during the COVID-19 pandemic. 	(Docket 56 at
p. 1). 	He completed “6 rounds of R-CHOP chemotherapy that was extremely
debilitating and painful, both physically and mentally” but “chemotherapy quit
effectively destroying the cancer . . . by the 4th round.” 	Id. 	Because his floor in
FMC Butner was quarantined as a result of COVID-19, radiation therapy was
delayed. 	Id. 	Once radiation therapy was administered to his throat and neck,
Mr. Island reports it was “destroying” his mouth, tongue and throat, making it
“nearly impossible . . . to eat or drink.” 	Id. 	Mr. Island asks to be released so he
can access the “effective treatment centers close to home in Rapid City” and have
the support of his wife and other family members. 	Id.
On April 7, 2022, the FPD filed a supplement to his pro se motion. (Docket
62). 	Mr. Island, through counsel, argues that in addition to his cancer
condition he is at increased risk of severe illness or death from COVID-19 due to
diagnoses of cancer, hypertension, obesity, sleep apnea, being
immunocompromised and anxiety disorder. 	Id. at p. 6. 	Mr. Island also
contends the 18 U.S.C. § 3553(a) factors favor a sentence of time served. 	Id. at
13. 	In support of his argument, Mr. Island states he has no disciplinary
writeups in custody, has taken several educational courses, has become a math
Case 5:19-cr-50150-JLV Document 72 Filed 09/16/22 Page 4 of 16 PageID #: <pageID>

5
tutor to other inmates, has enrolled in an anger management course and has
participated in a drug abuse program. 	Id. 	Mr. Island contends his criminal
history consists of offenses related to the possession and use of drugs and
driving offenses. 	Id. at p. 14. 	He points out his history of criminal conduct is
driven by his family circumstances in which he “experienced significant trauma,
including sexual, physical, and emotional abuse from family members and
strangers.” 	Id. (referencing Docket 32 ¶ 59). 	Mr. Island concludes:
Because 	of 	[his] 	aggressive 	Diffuse 	Large 	B 	Cell 	Non-Hodgkins
Lymphoma diagnosis and underlying medical conditions during the
COVID-19 pandemic, a sentence of time served would be sufficient,
but not greater than necessary to accomplish the goals of federal
sentencing. 	This is particularly true if the court orders a period of
home confinement as a condition of supervised release.
Id.
The court conducted a detailed review of Mr. Island’s medical records.
Mr. Island’s medical records confirm the following medical conditions:
• 	Stage II Diffuse Large B Cell Non-Hodgkin’s Lymphoma. 	(Docket 59 at
pp. 3, 47, 258 & 304);
• 	Hypertension. 	Id. at p. 193;
• 	Anxiety disorder. 	Id. at pp. 245 & 287-88; and
• 	Overweight, body mass index (“BMI”) of 28.7. 	Docket 67 at p. 2
COVID-19
By the BOP medical records, it appears Mr. Island tested positive for
COVID-19 on December 15, 2020, while incarcerated in FCI Florence in
Florence, Colorado. 	(Docket 59 at p. 113). 	After refusing the Moderna
Case 5:19-cr-50150-JLV Document 72 Filed 09/16/22 Page 5 of 16 PageID #: <pageID>

6
COVID-19 vaccine on April 20, 2021, Mr. Island received the first Pfizer
COVID-19 vaccination on September 1, 2021, and the second dose on September
21, 2021. 	Id. at p. 362. 	There is no record of Mr. Island receiving either the
first or second booster shots from either Pfizer or Moderna as recommended by
the CDC. 	See Dockets 59, 66 & 67.
Obesity
Mr. Island is 69 inches tall and his weight as of July 12, 2022, is 194.3
pounds. 	Docket 67 at p. 2. 	Based on his height and weight, Mr. Island has a
BMI of 28.7, which places him in the overweight category. 	See Adult BMI
Calculator, Ctr. for Disease Control & Prevention, https://www.cdc.gov/
healthyweight/assessing/bmi/adult_bmi/english_bmi_calculator/bmi_
calculator.html (last checked August 28, 2022).
Hypertension
“High blood pressure, also called hypertension, is blood pressure that is
higher than normal. . . . High blood pressure is defined as 130 or higher for the
first number, or 80 or higher for the second number.”
https://www.mayoclinic.org › syc-20373410 (last visited August 28, 2022).
Without revisiting Mr. Island’s elevated blood pressure readings during 2020-21,
during the first half of 2022, he had a number of readings in the hypertension
stage I range of 130-130/80-89 and at least two readings in the hypertension
stage II range of 140-159/90+. 	(Docket 59 at pp. 2, 27, 48, 51; 66 at p. 6 &
Case 5:19-cr-50150-JLV Document 72 Filed 09/16/22 Page 6 of 16 PageID #: <pageID>

7
67 at p. 10). 	On July 12, 2022, BOP identified the results of these reading as
“elevated blood pressure w/o diagnosis of [hypertension].” 	(Docket 67 at p. 17).
But on October 12, 2021, Mr. Island’s hypertension was diagnosed during a
physician’s review of systems and defendant’s blood pressure reading of 125/78.
(Docket 59 at pp. 193-94).
The court accepts the BOP physician’s diagnosis of hypertension even
though a number of those conducting medical examinations at Butner did not
accept hypertension as a diagnosis. 	BOP is not providing Mr. Island
prescription medication to manage his hypertension. 	(Docket 59 at p. 196).
Anxiety Disorder
On January 11, 2021, a BOP physician diagnosed Mr. Island’s anxiety
disorder and prescribed buspirone. 	Id. at p. 299. 	Buspirone continued to be
prescribed through October 4, 2021, while Mr. Island was at FCI Florence. 	Id.
at pp. 287-88, 245. 	Upon his arrival at FMC Butner on October 5, 2021, his
anxiety disorder prescription was changed to Venlafaxine. 	Id. at p. 202. 	His
medication was changed to injections of Lorazepam and morphine sulfate on
November 16, 2021. 	Id. at p. 196. 	As of June 9, 2022, the BOP still identifies
anxiety disorder as one of Mr. Island’s principal health issues. 	(Docket 66 at
p. 104). 	It does not appear from the record that Mr. Island’s anxiety disorder is
currently being controlled by medication. 	See Docket 67 at pp. 22-23.
Case 5:19-cr-50150-JLV Document 72 Filed 09/16/22 Page 7 of 16 PageID #: <pageID>

8
Diffuse Large B Cell Non-Hodgkin’s Lymphoma
In mid-2021 Mr. Island contracted Non-Hodgkin’s Lymphoma
(“Lymphoma”). 	(Docket 59 at p. 1). 	This aggressive Lymphoma required an
extensive set of diagnostic examinations, chemotherapy, radiation therapy to his
head and neck area, dental work, pain medications and follow-up care.
(Dockets 59, 66 & 67). 	Treatment for this disease extended into the spring of
2022.2 	Id.
On 	July 	5, 	2022, 	Mr. 	Island 	received 	a 	whole 	body 	PET/CT 	scan. 3
(Docket 67 at p. 29). 	The findings from the scan were:
The previously noted prominent osseous uptake is no longer seen
with more normal-appearing osseous uptake. The parotid uptake
has decreased in prominence as compared to the prior study. No
definitive abnormal uptake of the head or neck is noted. No evidence
of adenopathy of the head or neck. There is mildly prominent uptake
of the esophagus, most suggestive of muscular/physiologic activity.
There is same question of distal esophageal wall thickening versus
small hiatal hernia, and minimal esophageal inflammation cannot
be 	excluded. 	This 	appearance 	is 	not 	changed 	significantly. 	No
definitive abnormal tracer uptake of the abdomen or pelvis is noted,
There is likely diverticulasis of the sigmoid colon, which is chronic.
2 It was the court’s concern for the results of a scheduled June 2022 PET
scan which justified the June 17, 2022, order. 	(Docket 65).
3 “A positron emission tomography (PET) scan is an imaging test that can
help reveal the metabolic or biochemical function of . . . tissues and organs. The
PET scan uses a radioactive drug (tracer) to show both normal and abnormal
metabolic activity. . . . The tracer will . . . collect into areas of [the] body that have
higher levels of metabolic or biochemical activity, which often pinpoints the
location of the disease.” 	https://www.mayoclinic.org/tests-procedures/
pet-scan/about/pac-20385078 (last visited August 28, 2022). 	“Cancer cells
show up as bright spots on PET scans because they have a higher metabolic rate
than do normal cells.” 	Id.
Case 5:19-cr-50150-JLV Document 72 Filed 09/16/22 Page 8 of 16 PageID #: <pageID>

9
Id. 	The radiologist’s interpretation of the scan was that “[n]o definitive
abnormal tracer uptake [was] noted.” 	Id.
On July 12, 2022, a BOP oncologist met with Mr. Island. 	Id. at p. 1.
The physician reported the PET/CT disclosed “NED” at the earlier site of
Mr. Island’s lymphoma. 	Id. 	“NED,” or “no evidence of disease” is
another way to state “that no cancer is currently detectable in the body.”
https://www.mdanderson.org/cancerwise/remission--cancer-free--no-
evidence-of-disease--what-is-the-difference-when-talking-about-cancer-
treatment-effectiveness-and-results.h00-159460845.html (last visited
August 28, 2022). 	Mr. Island was pleased with the report and indicated
he was no longer in pain. 	(Docket 67 at p. 1). 	The physician charted that
Mr. Island “will need surveillance at this point” and recommended a
follow-up “CT in 6 months.” 	Id.
ANALYSIS
Administrative Exhaustion
Section 3582(c) permits the district court to consider a prisoner’s request
for compassionate release after he exhausts the administrative remedies
mandated by the statute.
[T]he court . . . upon motion of the defendant after the defendant has
fully exhausted 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, may reduce the term of
imprisonment (and may impose a term of probation or supervised
release with or without conditions that does not exceed the unserved
portion of the original term of imprisonment), after considering the
Case 5:19-cr-50150-JLV Document 72 Filed 09/16/22 Page 9 of 16 PageID #: <pageID>

10
factors set forth in section 3553(a) to the extent that they are
applicable, if it finds that . . . extraordinary and compelling reasons
warrant such a reduction . . . and that such a reduction is consistent
with the applicable policy statements issued by the Sentencing
Commission . . . .
18 U.S.C. § 3582(c)(1)(A)(i).
The court finds Mr. Island exhausted the administrative procedure
provision contemplated by § 3582(c)(1)(A). 	(Docket 59 at pp. 576-78). 	The
government does not argue the administrative exhaustion requirement was not
satisfied. 	(Docket 63). 	Accordingly, Mr. Island’s motion may be addressed on
its merits.
Extraordinary and Compelling Reasons
“Section 3582(c)(1)(A)(i) does not attempt to define the ‘extraordinary and
compelling reasons’ that might merit compassionate release.” 	United States v.
McCoy, 981 F.3d 271, 276 (4th Cir. 2020). 	That task was left to the United
States Sentencing Commission. 	“[I]n promulgating general policy statements
regarding the sentencing modification provisions in section 3582(c)(1)(A) . . . [the
Sentencing Commission] shall describe what should be considered extraordinary
and compelling reasons for sentence reduction, including the criteria to be
applied and a list of specific examples.” 	28 U.S.C. § 994(t).
Prior to the First Step Act, the Sentencing Commission established four
categories for “extraordinary and compelling reasons for sentence reduction,
including the criteria to be applied and a list of specific examples.” 	28 U.S.C.
Case 5:19-cr-50150-JLV Document 72 Filed 09/16/22 Page 10 of 16 PageID #: <pageID>

11
§ 994(t). 	Those categories generally focus on the defendant’s age, medical
condition, family situation and any other reasons the BOP deems to be
extraordinary and compelling. 	U.S.S.G. § 1B1.13 comment. n.1. 	The four
categories have not been updated since December 2018 when the First Step Act
became law.4
The United States Courts of Appeals for the Second, Fourth, Sixth and
Seventh Circuits have addressed the court’s authority under the First Step Act.5
See United States v. Brooker, 976 F.3d 228 (2d. Cir. 2020); McCoy, 981 F.3d at
271; United States v. Jones, 980 F.3d 1098 (6th Cir. 2020); and United States v.
Gunn, 980 F.3d 1178 (7th Cir. 2020). 	Addressing Section 404(c) of the First
Step Act, the Supreme Court recently held “the First Step Act allows district
courts to consider intervening changes of law or fact in exercising their discretion
to reduce a sentence pursuant to the First Step Act.” 	Concepcion v. United
States, ___ U.S. ___, 142 S. Ct. 2389, 2404 (2022). 	The purpose of the First Step
Act was to expand the availability of compassionate release based on judicial
findings of extraordinary and compelling reasons without being restricted to
4 Until this past month the United States Sentencing Commission lacked a
quorum and the newly established commission has not amended the United
States Sentencing Guidelines.
5 The United States Court of Appeals for the Eighth Circuit had several
opportunities to address this issue but declines to do so. 	United States v.
Vangh, 990 F.3d 1138, 1141 n.3 (8th Cir. 2021); United States v. Loggins, Jr.,
966 F.3d 891 (8th Cir. 2020) and United States v. Rodd, 966 F.3d 740 (8th Cir.
2020). 	At best, the Eighth Circuit skirted resolving the issue by proclaiming
“the First Step Act in 2018 did not change the discretion afforded the district
court.” 	United States v. Marcussen, 15 F.4th 855, 859 (8th Cir. 2021) (internal
citation omitted).
Case 5:19-cr-50150-JLV Document 72 Filed 09/16/22 Page 11 of 16 PageID #: <pageID>

12
those categories identified by the Sentencing Commission or the rationale used
by the BOP before the passage of the First Step Act.
Turning to that task, medical records substantiate Mr. Island’s serious
health conditions as identified above. 	Cancer and hypertension are included on
the CDC’s list of risk-increasing conditions.6 	See People with Certain Medical
Conditions, Ctrs. for Disease Control & Prevention, https://www.cdc.gov/
coronavirus/2019-ncov/need-extra-precautions/people-with-medical-
conditions.html (last visited August 28, 2022). 	Regardless of age, such
conditions increase the risk of severe illness from COVID-19. 	Id. 	Additionally,
it is also instructive that CDC guidance explains “[a] person’s risk of severe
illness from COVID-19 increases as the number of underlying medical conditions
they have increases.” 	Id.
Mr. Island falls into the overweight category with a BMI of 28.7. 	Being
overweight is another condition that can increase the risk of severe illness from
COVID-19. 	The CDC instructs the “risk of severe COVID-19 illness increases
sharply with elevated BMI.” 	See https://www.cdc.gov/coronavirus/2019-cov/
6 The CDC indicates adults of any age are at increased risk of severe illness
from COVID-19 if they have certain conditions, including cancer . . . heart
conditions (such as heart failure, coronary artery disease, or cardiomyopathies),
. . . . See People with Certain Medical Conditions, https://www.cdc.gov/
coronavirus/2019-ncov/need-extra-precautions/people-with-medical-condition
s.html (last updated December 29, 2020). 	The CDC identifies hypertension as a
condition that might increase the risk from COVID-19. 	Id.
Case 5:19-cr-50150-JLV Document 72 Filed 09/16/22 Page 12 of 16 PageID #: <pageID>

13
need-extra-precautions/people-with-medical-conditions.html (last checked
August 28, 2022). 	Though Mr. Island’s BMI is technically elevated, he is not in
the range of BMI that would persuade the court to consider release for
extraordinary and compelling reasons. 	Cf. United States v. Waters, CR.
18-50008, 2021 WL 603152, at *2-3 (D.S.D. Feb. 16, 2021) (granting
compassionate release to morbidly obese defendant with hypertension,
pulmonary hypertension, atrial fibrillation, heart disease, asthma, and several
other conditions).
The CDC has identified factors that increase community spread of
COVID-19 and individual risk, including crowded situations, enclosed spaces
and close or physical contact among people, especially for longer durations. 	See
https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/
people-with-medical-conditions.html?CDC_AA_refVal=https%3A%2F%2F
www.cdc.gov%2Fcoronavirus%2F2019-ncov%2Fcovid-data%2Finvestigations-di
scovery%2Fhospitalization-underlying-medical-conditions.html (last updated
Oct. 16, 2020). 	The court recognizes the efforts BOP has taken to prevent and
mitigate outbreaks. 	See BOP Modified Operations, https://www.bop.gov/
coronavirus/covid19_status.jsp (last updated Nov. 25, 2020). 	Nevertheless,
despite the efforts to slow the spread of COVID-19 in prisons, the practical reality
is many of the factors increasing community spread and individual risk of
exposure to the virus are simply unavoidable in a prison setting. 	Nor can the
Case 5:19-cr-50150-JLV Document 72 Filed 09/16/22 Page 13 of 16 PageID #: <pageID>

14
court ignore the potential of infection when the risk for Mr. Adkins is significant.
The new strains and variants of COVID-19 only add to the risk and uncertainty.
The court recognizes the BOP’s implementation of a COVID-19 vaccination
program. 	See BOP: COVID-19 Update, https://www.bop.gov/coronavirus/.
But it is concerning that Mr. Island has not received the first or second booster
shot.
It is evident Mr. Island’s treatment at FMC Butler has been successful.
With this record, the court finds Mr. Island cannot meets his burden of proof and
presents extraordinary and compelling reasons under § 3582(c)(1)(A)(i).
3553(a) Factors
The court concludes the § 3553(a) factors do not support relief. 	These
factors include the nature and circumstances of the offense, the history and
characteristics of the defendant, the need to reflect the seriousness of the
offense, promote respect for the law, provide just punishment, deter criminal
conduct, and protect the public from further crimes of the defendant, among
others. 	Id. § 3553(a)(1)-(7).
Mr. Island pled guilty to possession with intent to distribute a controlled
substance, methamphetamine. 	(Dockets 20, 21 & 27). 	The remaining count of
the indictment, possession of a firearm by a prohibited person in violation of
18 U.S.C. § 922(g)(1), was dismissed as part of the plea agreement. 	(Docket
20 ¶ C). 	On June 9, 2020, the court sentenced Mr. Island to 92 months
custody. 	(Docket 39 at p. 2).
Case 5:19-cr-50150-JLV Document 72 Filed 09/16/22 Page 14 of 16 PageID #: <pageID>

15
At sentencing, the court adopted Mr. Island’s presentence investigation
report without change. 	(Docket 39-1 at p. 1). 	The crime of conviction was Mr.
Island’s seventh drug related offense dating back to 1999. 	(Docket 32 at
pp. 7-14). 	In addition, Mr. Island has three convictions for driving while under
the influence of alcohol. 	Id. at pp. 8-12. 	Two past arrests beginning in 2003
involved defendant’s possession of firearms. 	Id. ¶¶ 29 & 38. 	At the time of
sentencing, with a criminal history score of 17, Mr. Island was in criminal history
category VI, the highest possible category under the Sentencing Guidelines. 	Id.
¶ 54.
Mr. Island successfully completed two out-patient treatment programs
prior to the events leading up to his arrest for the current conviction. 	Id. ¶ 73.
Mr. Island’s time in custody has been focused on cancer treatment. 	While he
expressed an interest in substance abuse treatment, Mr. Island has not yet had
an opportunity to fully participate in the BOP intensive substance abuse
treatment program the court recommended to the BOP. 	(Docket 39 at p. 2).
The court finds his time in custody is insufficient to help him break the cycle of
drug abuse. 	Hopefully, Mr. Island will find that path and sincerely devote
himself to substance abuse treatment while in custody.
The court sentenced Mr. Island to a sentence of 92 months. 	That
sentence reflects the seriousness of his offense, provides appropriate
punishment, promotes respect for the law and hopefully deters criminal conduct.
Case 5:19-cr-50150-JLV Document 72 Filed 09/16/22 Page 15 of 16 PageID #: <pageID>

16
ORDER
No good cause having been proven, it is
ORDERED that defendant’s motion for compassionate release (Docket 56)
is denied.
Dated September 16, 2022.
BY THE COURT:
/s/ Jeffrey L. Viken
JEFFREY L. VIKEN
UNITED STATES DISTRICT JUDGE
Case 5:19-cr-50150-JLV Document 72 Filed 09/16/22 Page 16 of 16 PageID #: <pageID>