Dist. Ct. did not err in denying defendant-prisoner’s request for compassionate release under 18 USC section 3582(c)(1)(A), where defendant maintained that his asthma and other breathing issues placed him at extra risk should he contract COVID-19 while in prison. Record showed that COVID-19 vaccines were readily available at defendant’s prison, and that defendant had refused offer for him to be vaccinated due to defendant’s perception that he might have allergic reaction to said vaccines. As such, Dist. Ct. need not accept prisoner’s self-diagnosed skepticism about COVID-19 vaccines as adequate explanation for remaining unvaccinated, and availability of vaccines under instant record made it impossible to defendant to show that risk of contracting COVID-19 is extraordinary and compelling reason for immediate release.
Federal 7th Circuit Court
Criminal Court
Sentencing