U.S. v. Rucker

Dist. Ct. did not err in denying defendant’s motion for compassionate release under 18 USC section 3582(c)(1)(A)(i), even though defendant, who was serving 240-month term of incarceration on charge of witness retaliation arising out of defendant’s assault of witness who had testified against him, argued that his early release was warranted in light of his obesity, hypertension, pre-diabetes, poor eyesight, possible sickle cell trait, and his COVID-19 infection. Record showed that prison was treating defendant’s hypertension and his COVID-19 infection, which did not display any symptoms. Moreover, Dist. Ct. could properly find that defendant’s early release was not warranted, given serious nature of his current conviction, as well as his prior criminal history, where Dist. Ct. found that defendant posed risk of recidivism and posed danger to safety of community. Ct. further observed that any error in Dist. Ct.’s observation regarding defendant’s potential for future infection was harmless.