USA v. Chantharath et al

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
vs.
ROSENDO GARICA-NAVARRO,
a/k/a Truck Driver
Defendant.
4:10-CR-40004-11-KES
ORDER DENYING MOTION FOR
RELIEF UNDER THE
FIRST STEP ACT
Defendant, Rosendo Garcia-Navarro (Navarro), filed a second motion for
compassionate release under 18 U.S.C. § 3582(c)(1)(A)(i). Docket 1020. Plaintiff,
the United States of America, opposes the motion. Docket 1022. For the
following reasons, the court denies Navarro’s motion for compassionate release.
BACKGROUND
The background of Navarro’s case was set forth in the court’s order
dated February 8, 2021. Docket 988. To summarize, on July 16, 2012, the
court sentenced Navarro to 230 months in custody. Docket 800 at 1-2. The
court later reduced Navarro’s sentence to 184 months in custody. Docket
878. Navarro is eligible for home confinement on September 27, 2023, and his
current anticipated release date is March 27, 2024. Docket 1021 at 77.
Navarro is currently incarcerated at FCI Sheridan, a medium security federal
correctional institution with an adjacent minimum security satellite camp and
a detention center. See Find an inmate., Fed. Bureau of Prisons,
https://www.bop.gov/inmateloc/ (last checked Aug. 17, 2022); FCI Sheridan,
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Fed. Bureau of Prisons, https://www.bop.gov/locations/institutions/she/
(last checked Aug. 17, 2021). He is 54 years old. Id.
In support of his motion, Navarro cites his medical conditions and the
COVID-19 pandemic as circumstances that warrant compassionate release.
Docket 1020 at 4-12. The government opposes Navarro’s motion, arguing that
the court recently denied Navarro’s initial motion for release, and he has
failed to show “extraordinary and compelling reasons” for release now. Docket
1022 at 6.
On March 22, 2022, Navarro submitted an Inmate Request to Staff form
to the warden of FCI Sheridan requesting compassionate release. Docket
1021 at 69. The request was received by the warden on March 30, 2022. Id.
Since more than thirty days have passed since Navarro’s request was
submitted and hearing no objection from the United States, the court will
review the matter on the merits.
DISCUSSION
The court detailed the governing law and analysis it uses when
confronted with a compassionate release motion in its order dated February 8,
2021. Docket 988 at 3-4. For current purposes, it is sufficient to note that
because sentences are final judgments, a court ordinarily “may not modify a
term of imprisonment once it has been imposed[.]” 18 U.S.C. § 3582(c). But
Congress made changes to the law through the First Step Act (FSA), which
permit inmates in specified circumstances to file motions in the court where
they were convicted seeking compassionate release. See Pub. L. No. 115-391, §
603(b)(1) 132 Stat. 5194, 5239 (2018). Compassionate release provides a
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narrow path for defendants with “extraordinary and compelling reasons” to
leave custody early. 18 U.S.C. § 3582(c)(1)(A)(i). When considering whether to
grant a motion for compassionate release the court must consider the § 3553(a)
sentencing factors and the applicable policy statements issued by the
Sentencing Commission. 18 U.S.C. § 3582(c)(1)(A). The burden to establish that
a sentence reduction is warranted under 18 U.S.C. § 3582(c) rests with the
defendant. See United States v. Jones, 836 F.3d 896, 899 (8th Cir. 2016).
The court reiterates that the COVID-19 pandemic alone is insufficient to
warrant early release. The BOP has made significant changes to its correctional
operations since the pandemic started in early 2020. See COVID-19
Coronavirus, Fed. Bureau of Prisons, https://www.bop.gov/coronavirus/ (last
visited Aug. 17, 2022). These changes include sanitary and safety measures,
restrictions on movement, and visitation restrictions, among others. See
COVID-19 Modified Operations Plan & Matrix, Fed. Bureau of Prisons,
https://www.bop.gov/coronavirus/covid19_modified_operations_guide.jsp .
The BOP has also transferred many thousands of inmates to home
confinement. See id. Since March 26, 2020, 46,074 inmates have been placed
in home confinement. Id. These measures have led to a dramatic decrease in
the total BOP population, which in turn has increased opportunities for social
distancing and reduced the strain on BOP resources.
The BOP’s vaccination program for staff and inmates is another
protective measure warranting consideration in this stage of the COVID-19
pandemic. The BOP has implemented a COVID-19 vaccination plan to protect
inmates and staff and limit the transmission of COVID-19 within the facilities.
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See id. As of August 17, 2022, 327,269 doses have been administered
systemwide. Id. At FCI Sheridan, 224 staff and 1780 inmates were fully
inoculated as of Aug. 17, 2022. Id.
On June 9, 2021, Navarro received his first dose of the Moderna COVID-
19 vaccine and received his second dose of the same vaccine on July 7, 2021.
Docket 1021 at 35. Navarro received his Moderna COVID-19 booster shot on
March 9, 2022, affording him additional protection against serious illness. Id.
at 66. Navarro claims that the COVID-19 vaccine will not benefit people who
are obese, however his medical records show that Navarro is overweight, not
obese. Docket 1020 at 4; Docket 1021 at 2.1 Even if Navarro was obese, the
protection provided by COVID-19 vaccines against serious illness is
undoubtedly present across all BMI categories in comparison to those who are
not vaccinated. See Impact of BMI on COVID-19 vaccine effectiveness, THE
LANCET Diabetes & Endocrinology (Jun. 30, 2022),
https://www.thelancet.com/journals/landia/article/PIIS2213-8587(22)00170-
X/fulltext . Hence, the court finds that COVID-19 vaccines are effective, and
Navarro is adequately protected against COVID-19 by being vaccinated.
Moreover, FCI Sheridan is engaged in appropriate efforts to protect
inmates against the spread of COVID-19, and the court believes the facility
would act to treat any inmate who does contract COVID-19. The fact that FCI
1 Navarro’s latest BMI calculation was a 26.9, classifying him as overweight.
Docket 1021 at 2. The CDC states that a BMI within the 25.0 to <30 range falls
within the overweight range. See Defining Adult Overweight & Obesity, Ctrs. for
Disease Control and Prevention (Jun. 3, 2022),
https://www.cdc.gov/obesity/basics/adult-defining.html .
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Sheridan had a COVID-19 outbreak does not negate such conclusions. The
data for FCI Sheridan shows a COVID-19 outbreak that was ultimately
contained. See COVID-19 Coronavirus, Fed. Bureau of Prisons,
https://www.bop.gov/coronavirus/ (last visited Aug. 17, 2022). There were two
deaths as a result, and 485 inmates have recovered. Id. This persuades the
court that FCI Sheridan has acted appropriately to treat inmates who do
contract COVID-19. The court believes the facility will continue to appropriately
treat inmates who do so.
Turning to Navarro’s motion and his medical records, the court is not
convinced a sentence reduction is warranted. Navarro reasserts his prior
medical conditions, but his health has not changed significantly since the
court’s prior order denying his motion for compassionate release. Docket 1020
at 2, 4-12. See generally Docket 1021; Docket 988. His medical records show
that he is diagnosed with hypertension and is prescribed lisinopril. Docket
1021 at 30, 39. His blood pressure is being monitored. Id. at 23. At a clinical
appointment, he did not inform his provider of any issues pertaining to his
hypertension. Id. at 4.
As of May 28, 2021, Navarro had a BMI of 26.9, which classifies him as
overweight. Id. at 2. He has been counseled on implementing a low-fat diet
and was encouraged to exercise regularly while in custody. Id. at 3.
Furthermore, Navarro was diagnosed with skin cancer in 2015 and a mole
was removed thereafter. Docket 973 at 42; Docket 970 at 138. The records
submitted to the court on May 27, 2022, do not list any active treatments for
skin cancer. Docket 1021. Navarro had a positive PPD test in 2019 and an
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additional positive reading on May 3, 2021 for tuberculosis. Id. at 4, 8. The
court reasserts that tuberculosis alone does not amount to extraordinary and
compelling reasons. See United States v. Beall, 4:15-CR-40080-01 KES,
Docket 178, 7-9 (D.S.D. Apr. 22, 2022), United States of America v. Viengxay
Chantharath, 4:10-CR-40004-01 KES, Docket 1008 (D.S.D. Apr. 21, 2021),
10, 12. In sum, Navarro’s health conditions seem to be resolved, or at the very
least, controlled with the assistance of his medical providers. Id. at 4-5, 30,
62. Navarro has not shown how his active conditions prevent him from
providing self-care in a correctional facility setting or how they amount to
extraordinary and compelling circumstances. In addition, the court’s
evaluation of the 3553(a) factors has not changed over the intervening months
since Navarro’s prior motion was denied.
CONCLUSION
Navarro has failed to satisfy the extraordinary and compelling reason
standard. Thus, it is
ORDERED that defendant’s second motion for compassionate release
under the First Step Act (Docket 1020) is denied.
Dated August 17, 2022.
BY THE COURT:
/s/ Karen E. Schreier
KAREN E. SCHREIER
UNITED STATES DISTRICT JUDGE
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