USA v. Juhala

5:17-cr-50032Sdd29 lug 2022

Testo completo

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
WESTERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
vs.
NATHAN WILLIAM JUHALA,
Defendant.
CR. 17-50032-JLV
ORDER
INTRODUCTION
Defendant Nathan Juhala, appearing pro se, filed a motion for
compassionate release together with a proposed release plan, a packet of his
personal information and an administrative request for informal resolution of
sick call requests. 	(Dockets 51, 51-1 & 51-2). 	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 52-53,
55, 59, 59-1 through 59-3, 62 & 64). 	Mr. Juhala also filed a pro se supplement
in response to his attorney’s supplemental brief. 	(Docket 65). 	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
procedure for submission and consideration of compassionate release motions
1 See https://www.sdd.uscourts.gov/socraa.
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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. JUHALA’S CLASSIFICATION
The FPD and the U.S. Attorney filed a notice designating Mr. Juhala as
an Intermediate Priority case. 	(Docket 52).
FACTUAL BACKGROUND
Mr. Juhala pled guilty to attempted enticement of a minor in violation of
18 U.S.C. § 2422(b). 	(Dockets 38 & 49). 	On February 5, 2018, Mr. Juhala was
sentenced to a term of imprisonment of 120 months followed by five years of
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supervised release. 	(Dockets 47 & 49 at pp. 2-3). 	A presentence investigation
report ordered by the court calculated Mr. Juhala’s advisory guideline range as
70 to 87 months of imprisonment based on a total offense level of 27 and his
criminal history category I. 	(Docket 44 ¶ 45). 	However, by statute a mandatory
minimum sentence of ten years applied. 	Id. 	The court sentenced Mr. Juhala
to the mandatory minimum sentence.
Mr. Juhala is currently an inmate at FCI Pekin, a medium security
facility in Pekin, Illinois. 	Fed. Bureau Prisons, https://www.bop.gov/
inmateloc/ (last checked June 24, 2022). 	The inmate population at FCI Pekin
is currently 1,041 persons with an additional 210 inmates in Camp F for a
total inmate population of 1,251. 	https://www.bop.gov.locations/
institutions/pek/ (last checked June 24, 2022). 	As of June 24, 2022, there is
one active COVID-19 case among inmates and no active cases among staff at
FCI Pekin. 	https://www.bop.gov/coronavirus/ (last checked June 24, 2022).
FCI Pekin reported one death of an inmate and no staff deaths as a result of
COVID-19, and 804 inmates and 115 staff have recovered as of June 24, 2022.
Id.
Mr. Juhala has a scheduled release date of August 23, 2025. 	https://
www.bop.gov/inmateloc/. 	See also (Docket 53 at p. 148). 	As of June 24,
2022, he has served approximately 53.6 percent of his statutory sentence, and
under his current status in the BOP, Mr. Juhala is eligible for home detention
on February 23, 2025. 	Id. at p. 145. 	Mr. Juhala is 71 years old. 	Id.
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MR. JUHALA’S MOTION
Mr. Juhala’s pro se motion seeks compassionate release on the basis of
extraordinary and compelling reasons in light of his “age . . . physical and
mental/psychological health, and . . . high susceptibility to the COVID-19
virus.” 	(Docket 51 at p. 5). 	He asserts having trouble walking, low back pain,
weight loss from an unknown cause and celiac disease. 	Id. 	He also asserts
having diagnoses of depression and bipolar. 	Id.
The FPD filed a supplement to his pro se motion. (Docket 59). 	Mr.
Juhala, through counsel, argues defendant is now 71 years old and served over
half of his statutory sentence. 	Id. at p. 1. 	While Mr. Juhala initially stated he
had not made a request for compassionate release to the warden, Docket 51 at
p. 3, his attorney indicates Mr. Juhala submitted a request to the warden on
September 10, 2021. 	(Docket 59 at p. 3). 	Since more than 30 days have now
passed without a response from the warden, Mr. Juhala submits this is
“enough under 18 U.S.C. § 3582(c)(1)(A).” 	Id. (referencing United States v.
Houck, 2 F.4th 1082, 1083-84 (8th Cir. 2021)).
Mr. Juhala contends his age coupled with his “difficulty walking, . . .
chronic lower back pain, Celiac Disease, age-related cataracts, macular
degeneration, a tremor, . . . depression and bipolar disorder” constitute “an
extraordinary and compelling reason to reduce his sentence.” 	Id. at p. 6. 	He
offers that “[a]ccording to the Centers for Disease Control and Prevention
(“CDC”), individuals 70 years old are five times more likely to be hospitalized
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for COVID-19, and 90 times more likely to die from COVID-19.” 	Id. at p. 7
(referencing Risk for COVID-19 Infection, Hospitalization, and Death By Age
Group, CDC. 	https://www.cdc.gov/coronavirus/2019-ncov/covid-data/
Investigations-discovery/hospitalization-death-by-age.html). 	While Mr. Juhala
received his second COVID-19 vaccination shot, he has not received a booster
shot as recommended by the CDC. 	Id. at p. 8. 	Mr. Juhala submits he
“remains at risk while . . . incarcerated and the court should act . . . to keep
him safe.” 	Id.
Addressing the 18 U.S.C. § 3553(a) factors, Mr. Juhala argues he timely
took responsibility for his criminal conduct and pled guilty. 	Id. 	He also
suggests his criminal conduct was the result of his wife’s untimely death and
his failure to seek professional help “to process her death in [a] healthy
manner.” 	Id. 	Mr. Juhala asks the court to consider his United States Army
service and honorable discharge. 	Id. at p. 9. 	In addition, Mr. Juhala points
out he “has had no disciplinary violations during his time in prison . . . . has
completed several educational and interpersonal classes while in custody . . . .
[and] has a safe and stable place to stay when released from prison.” 	Id.
For all these reasons, Mr. Juhala seeks a “sentence of time served . . .
combined with a period of home confinement as a condition of release.” 	Id. 	In
his view, Mr. Juhala “is at high risk of developing serious complications if he
contracts the virus, and he is at a facility with a demonstrated history of
alarming case rates.” 	Id.
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In response, the government acknowledges Mr. Juhala’s age and that he
has “received both his vaccinations and has been fully immunized against
COVID-19.” 	(Docket 62 at p. 1). 	Addressing the defendant’s age-related health
conditions, the government contends “[n]one of these conditions,” including
Celiac Disease, “are on the CDC’s list of conditions that can be more likely” to
cause an individual to become “severely ill from COVID-19.” 	Id. at p. 2
(internal quotation marks omitted; referencing https://www.cdc.gov/
coronavirus/2019-ncov/need-extraprecautions/people-with-medical-
conditions.html). 	While acknowledging depression and bipolar disorder are
identified by the CDC as conditions more likely to cause an individual to be
severely ill, the government points out he has “reported excellent relief of
symptoms [of depression] with current [medications] . . . and requested to
continue the same doses[.]” 	Id. 	For these reasons, the government submits
Mr. Juhala “cannot meet his burden of ‘extraordinary and compelling’
circumstances warranting a reduction in his sentence based upon his
depression, bipolar disorder, or age.” 	Id. at pp. 2-3.
The government argues the court is bound by the “policy statement . . .
set forth at United States Sentencing Guidelines . . . [“USSG”]. . . § 1B1.13.”
Id. at p. 4. 	The government submits the court is bound by the Sentencing
Commission’s “explicit examples of what constitutes an ‘extraordinary and
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compelling circumstance[.]”2 Id. 	Those are: “(A) medical condition of the
defendant”; “(B) age of the defendant”; “(C) family circumstances”; and
“(D) other reasons.” 	Id. at pp. 4-5 (citing USSG § 1B1.13 cmt. n.1; bold and
capitalization omitted). 	Without specifically addressing each of these guideline
factors, the government contends the defendant has not met his burden of
proof and his “request for sentence reduction is not warranted . . . and should
not be granted, despite any medical conditions.” 	Id. at p. 6.
The government further contends the § 3553(a) factors do not support
release because Mr. Juhala “is a danger to the community.” 	Id. at p. 11. 	In
addition to the facts of his crime of conviction, attempted enticement of a minor
using the internet in violation of 18 U.S.C. § 2422(b), the government points
out the defendant admitted using his laptop to access child pornography and
he had a firearm in his home. 	Id. at pp. 11-12. 	The government also contends
Mr. Juhala “has not served a substantial portion of his sentence. . . . [And] the
nature of the crime does not warrant . . . [a] reduction.” 	Id. at p. 12. 	To reduce
Mr. Juhala’s sentence in the government’s view “would not be a deterrent and
would create a disparity in sentencing as to other similarly situated
individuals.” 	Id. at pp. 12-13.
2 While recognizing some “district courts disagree about whether the First
Step Act alters the binding nature of USSG § 1B1.13,” the government argues
“ ‘the limited statutory exceptions to the general rule of finality of judgment’
counsels in favor of following the Sentencing Commission’s guidance.” 	Id. at
p. 4 n.2 (citing United States v. Eberhart, 448 F. Supp. 3d 1086, 1090 (N.D.
Cal. 2020); other references omitted).
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In reply, Mr. Juhala points out the government did not address or
“dispute that [his] motion is ripe for this court’s consideration.” 	(Docket 64 at
p. 1). 	Defendant contends the government fails to acknowledge that with the
reduction of effectiveness over time with the Pfizer vaccine, the “number of
breakthrough cases have occurred, . . . over 41,000 have resulted in
hospitalizations and/or death. 	The results of breakthrough infections have
been particularly concerning for those aged 65 or older with that population
composing 85% of the deaths and 66% of the hospitalizations.” 	Id. at pp. 1-2
(referencing COVID-19 Vaccine Breakthrough Case Investigation and Reporting,
https://www.cdc.gov/vaccines/covid-19/health-departments/breakthrough-
cases.html). 	Defendant submits his “age, health, the rapidly changing COVID-
19 pandemic, and FCI Pekin’s inability to keep inmates safe, place him at
continued risk of serious health complications or even death.” 	Id. at p. 5.
“Based on his precarious health, Mr. Juhala respectfully requests an order
reducing his sentence to time served under 18 U.S.C. § 3582(c)(1)(A).” 	Id. at
p. 6.
ANALYSIS
Administrative Exhaustion
Section 3582(c) permits the district court to consider an inmate’s request
for compassionate release after he exhausts the administrative remedies
mandated by the statute. 	18 U.S.C. § 3582(c)(1)(A)(i). 	The government does
not contend Mr. Juhala failed to exhaust his administrative remedies. 	See
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generally Docket 62. 	Accordingly, the court will address the merits of Mr.
Juhala’s request.
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. 	See 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.” 	See id. 	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.3
The court previously surveyed the status of the law as to a court’s
authority under the First Step Act. 	E.g., United States v. Thunder Hawk, CR.
14-50008, 2021 WL 253456, at *5 (D.S.D. Jan. 26, 2021); United States v.
3 The United States Sentencing Commission lacks a quorum and
“currently has only two voting members, two short of the four it needs to
amend the [U.S.S.G.].” 	United States v. Marks, 455 F. Supp. 3d 17, 24
(W.D.N.Y. 2020) (references omitted).
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Magnuson, CR. 15-50095, 2020 WL 7318109, at *4-5 (D.S.D. Dec. 11, 2020);
United States v. King, CR. 15-50050, 2020 WL 6146446, at *4-5 (D.S.D. Oct.
20, 2020). 	A summary of that survey is sufficient here.
This court retains its independent authority “to consider the full slate of
extraordinary and compelling reasons that an imprisoned person
might bring before [the court] in motions for compassionate release.”4 E.g.,
Magnuson, 2020 WL 7318109, at *5 (quoting United States v. Brooker, 976
F.3d 228, 237 (2d. Cir. 2020)); see also McCoy, 981 F.3d at 283 (“As of now,
there is no Sentencing Commission policy statement ‘applicable’ to the
defendants’ compassionate-release motions, which means that district courts
need not conform, under § 3582(c)(1)(A)’s consistency requirement, to § 1B1.13
in determining whether there exist ‘extraordinary and compelling reasons’ for a
sentence reduction.”); United States v. Jones, 980 F.3d 1098, 1111 (6th Cir.
2020) (“In cases where incarcerated persons file motions for compassionate
release, federal judges . . . have full discretion to define ‘extraordinary and
compelling’ without consulting the policy statement § 1B1.13.”); and United
States v. Gunn, 980 F.3d 1178, 1180 (7th Cir. 2020) (agreeing with the Second
4 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).
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Circuit that the Guidelines Manual “does not curtail a district judge’s
discretion”).
In June 2022, the United States Supreme Court 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, 597 U.S. _____, 	142 S. Ct. 2389, 2404 (2022).
The Supreme Court went on to conclude that “[i]t follows, under the Court’s
sentencing jurisprudence, that when deciding a First Step Act motion, district
courts bear the standard obligation to explain their decisions and demonstrate
that they considered the parties’ arguments.” 	Id.
Turning to that task, the court conducted a detailed review of Mr.
Juhala’s medical records. 	Mr. Juhala’s medical records confirm the following
medical conditions:
• 	Stomach ulcer. 	(Docket 53 at p. 2);
• 	Gastro-esophageal reflux disease [GERD] with esophagitis,
without bleeding. 	Id.;
• 	Depression. 	Id. at p. 10;
• 	Bipolar disorder. 	Id. at p. 35;
• 	Low back pain.5 Id. at p. 62;
5 Because of his low back pain, Mr. Juhala was assigned a walker
“for stability and safety on the compound” and to avoid “[f]requent falls
with injury.” 	Id. at p. 55.
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• 	Macular degeneration and age-related cataracts. 	Id. at
p. 61; 	and
• 	Celiac disease.6 Id. at p. 86.
None of Mr. Juhala’s physical or medical conditions are identified
by the CDC as potentially increasing the risk of severe illness from
COVID-19. 	See https://www.cdc.gov/coronavirus/2019-ncov/need-
extra-precautions/people-with-medical-conditions.html (last visited June
27, 2022). 	Absent an at-risk medical condition, the court concludes Mr.
Juhala’s medical conditions do not constitute “extraordinary and
compelling reasons” to warrant compassionate release.
The CDC advises that depression and other “schizophrenia
spectrum disorders can make you more likely to get very sick from
COVID-19.” 	https://www.cdc.gov/coronavirus/2019-ncov/need-extra-
precautions/people-with-medical-conditions.html. 	Mr. Juhala reports
receiving excellent relief of his depression symptoms with the current
medications and asks to be continued on those same medications.
6 Celiac disease is an immune reaction to eating gluten, a protein found
in wheat, barley and rye. 	Eating gluten triggers an immune response in your
small intestine. Over time, this reaction damages your small intestine's lining
and prevents it from absorbing some nutrients, causing diarrhea, fatigue,
weight loss, bloating and anemia, and can lead to serious complications. 	While
there is no cure for celiac disease, following a strict gluten-free diet can help
manage symptoms and promote intestinal healing. 	https://www. mayoclinic.
org%2Fdiseases-conditions%2Fceliac-disease%2Fsymptoms-
causes%2Fsyc- 20352220&usg=AOvVaw0V9313AmRUGMf4AW4nJXnu
(last visited June 27, 2022). 	Mr. Juhala refused a gluten free diet
provided by food service at FCI Pekin. 	(Docket 53 at pp. 6-7).
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(Docket 53 at p. 10). 	Those medications are Buspirone and Fluoxetine.
Id. at pp. 11-12. 	Mr. Juhala’s chart indicates the same two medications
manage his bipolar disorder. 	Id. at p. 35.
The court also recognizes Mr. Juhala is currently 71 years old. 	Id. at
p. 1. 	The CDC recognizes the risk of severe illness as a result of COVID-19
increases with age, with older adults at higher risk. 	See Older Adults,
https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/older-
adults.html (updated Aug. 4, 2021) (last checked June 27, 2022). 	“Getting very
sick means that older adults with COVID-19 might need hospitalization,
intensive care, or a ventilator to help them breathe, or they might even die.
The risk increases for people in their 50s and increases in 60s, 70s, and 80s.
People 85 and older are the most likely to get very sick.” 	Id.
Mr. Juhala received two doses of the Pfizer vaccine.7 (Docket 53 at
p. 67). 	The CDC reports “[p]eople 65 and older who received both doses of
either Pfizer or Moderna vaccines showed a 94% reduced risk of COVID-19
related hospitalization.” https://www.cdc.gov/coronavirus/2019-ncov/need-
extra-precautions/older-adults.html. 	Overall, the BOP records show that
Mr. Juhala is generally healthy and has not required significant medical
care while incarcerated. 	Mr. Juhala’s general concern about
7 There is no evidence in his chart that Mr. Juhala received a Pfizer
COVID-19 booster shot since the second immunization of March 23,
2021. (Docket 53, passim).
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incarceration during the age of COVID-19 is understandable, but not an
“extraordinary and compelling reason” justifying release. 	The court finds
Mr. Juhala has not met his burden of proof and presented “extraordinary
and compelling reasons” based on his medical conditions, age, and
conditions of confinement warranting a sentence reduction under
§ 3582(c)(1)(A)(i).
The court also recognizes the BOP’s implementation of a COVID-19
vaccination program and administration of vaccines to inmates and staff. 	BOP:
COVID-19 Update, https://www.bop.gov/coronavirus/ (last checked June 27,
2022). 	The BOP has administered 359,874 doses of vaccine systemwide as of
June 27, 2022, and the number continues to rise. 	Id.
The court understands Mr. Juhala’s concern of being incarcerated
during the age of COVID-19. 	Nevertheless, Mr. Juhala does not present
“extraordinary and compelling” reasons for compassionate release.
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. 	18 U.S.C. § 3553(a)(1)-(7).
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In addition to the information supporting Mr. Juhala’s guilty plea, the
factual basis statement in the case acknowledged his possession of a laptop
computer used to access child pornography and possession of a firearm in his
residence. 	(Docket 44 ¶ 4). 	A psycho-sexual evaluation conducted for
sentencing purposes when Mr. Juhala was 66 years old identified him, even at
that age, to be “in the medium group for sexually reoffending.” 	(Docket 43 at p.
7). 	Prepared by a highly respected psychologist, the report concluded “[t]he
data gained from the sexual interest test . . . was significant for objectively
measured sexual interest in grade school age females and early adolescent age
females and males.” 	Id. 	This measure of prediction of sexual recidivism risk is
of grave concern to the court. 	The court is not convinced close monitoring of
Mr. Juhala would be sufficient to protect the community from further harm or
criminal conduct.
The court sentenced Mr. Juhala to 120 months, the statutory minimum
sentence. 	(Docket 44 ¶ 45 & 49 at p. 2). 	That sentence reflects the
seriousness of his offense, provides appropriate punishment, promotes respect
for the law and hopefully deters criminal conduct. 	After consideration of all the
§ 3553(a) factors, the court concludes those factors do not support a motion for
compassionate release. 	To his credit, Mr. Juhala appears to be on the right
path and sincerely devoted to learning from this time in custody. 	(Docket 53 at
pp. 128, 135-136 & 143-144).
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ORDER
No good cause having been proven, it is
ORDERED that defendant’s motion for compassionate release (Docket
51) is denied.
Dated July 29, 2022.
BY THE COURT:
/s/ Jeffrey L. Viken
JEFFREY L. VIKEN
UNITED STATES DISTRICT JUDGE
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