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 215
Douglas Ellison
ORDER
This is defendant’s second motion for compassionate release
(18 U.S.C. § 3582(a)(1)(A)), the first having been denied on
September 15, 2020. 	While the incidence of COVID-19 virus is
increasing in the state, and in the New Hampshire State Prison,
the prison remains aggressive and attentive in seeking to limit
its spread. 	Certainly, the changes are not so dramatic as to
warrant dramatic relief in this case. 	Defendant, as noted
earlier, has a history of recidivism (Criminal History Category
VI, and a career offender), has served just over half of a 10-
year sentence, and failed to meet his burden to demonstrate that
he no longer poses a danger to the safety of the community.
The government again concedes that defendant’s medical
conditions qualify him for compassionate release, and again
argues that the danger he poses to the community, as well as the
sentencing considerations described in 18 U.S.C. § 3553(a),
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militate against early release. 	Nothing in the defendant’s
pending motion substantially alters the analysis in the
September 15th order, and for that reason this motion, too, is
necessarily denied.
Conclusion
For the reasons given previously in the court’s September
15, 2020, order, and for the reasons given in the government’s
memorandum in opposition, the motion for compassionate release
(document no. 66) is denied.
SO ORDERED.
____________________________
Steven J. McAuliffe
United States District Judge
December 10, 2020
cc: 	Jennifer C. Davis, AUSA
Dorothy E. Graham, Esq.
U.S. Probation
U.S. Marshal
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