USA v. Morrison et al

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
United States of America
v.
Terray Morrison
Case No. 19-cr-47-01-SM
ORDER
After due consideration of the objection filed, I herewith
approve and adopt the thorough and thoughtful Report and
Recommendation of Magistrate Judge Andrea K. Johnstone dated
December 30, 2020, for the reasons given therein.
To the extent the objection to the report also travels as a
motion to revoke the magistrate judge’s order to the extent it
constitutes an order denying bail, in that it addresses issues
raised in a separate Emergency Motion for Release and Self-
Surender (doc. no. 294), the court, having independently
reviewed the matter and reconsidering the relief requested
relief de novo, finds that release pending sentencing in this
case is not warranted essentially for the reasons given by the
magistrate judge. 	Defendant offers little new in support of his
motion for release, and, as noted previously, his record
(criminal activity while on supervision particularly), the
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seriousness of his offense, the adjudication of guilt based on
his provident guilty plea, the prospect of a sentence of at
least 10 years imprisonment and risk of flight arising from that
prospect, the danger he poses to the community, the
unsuitability of his proposed release plan (the need to
quarantine, to isolate from other residents particularly, given
his exposure to Covid-19), all militate against his release
pending sentencing.
A word about his Emergency Motion for Release and Self
Surrender under 18 U.S.C. §§ 3142(f) and §§ 3142(i). 	The motion
notes that the government does not object to a hearing “but is
seeking additional information to determine if it will object to
the other relief requested herein.” 	There does not appear to be
any additional information in the record, but neither is there
any information suggesting that the magistrate judge’s
assessment of relevant facts is in error in any material
respect. The defendant has not met his burden of proof with
respect to release pending sentencing.
Given that defendant has been exposed to the Covid-19
virus, has been isolated at the House of Corrections, has been
monitored by qualified nursing staff 24 hours per day, has a
contract physician readily available when medically necessary at
the call of nursing staff, and can, if appropriate, be readily
moved to an in-hospital setting to receive appropriate treatment
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as necessary, all combine to undermine and claim that a
substantial change in circumstances or extraordinary
circumstances warranting release pending sentencing have been
shown. 	Nor does defendant’s chronic asthma, currently monitored
and treated by House of Corrections medical staff, alter the
circumstances significantly. 	As the magistrate judge noted,
there is little reason to think that defendant would benefit
from better or more attentive medical monitoring or treatment
if released pending sentencing, and, if released, he may well
pose a further risk of actually spreading the virus.
Conclusion
The Report and Recommendation is approved and adopted for
the reasons given. To the extent the Report and Recommendation
represents a separate decision denying bail pending sentencing
it is affirmed after de novo review. 	The Emergency Motion for
Release and Self Surrender (doc. no. 294) is denied for the
reasons given.
So Ordered.
____________________________
Steven J. McAuliffe
United States District Judge
Date: February 1, 2021
cc: 	Counsel of Record
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