1:19-cr-00135•USA v. Morales-Hoyos et al
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE United States of America v. Case No. 19-cr-135-1-PB Opinion No. 2022 DNH 139 Enver Morales-Hoyos ORDER Enver Morales-Hoyos is serving a 72-month sentence for conspiracy to distribute a controlled substance. He has filed a motion for compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A). Morales-Hoyos bases his motion primarily on the fact that he is at higher than average risk that he will suffer severe illness if he should contract COVID-19. This is because he suffers from asthma, he is required to use an inhaler on a daily basis, and he was a heavy smoker for more than 30 years. In light of these conditions, he argues that “extraordinary and compelling reasons” warrant his early release. I disagree. Although Morales-Hoyos is at higher than normal risk of suffering complications if he contracts COVID-19, his condition does not qualify as extraordinary and compelling. The defendant has been vaccinated and boosted, which substantially reduces his risk of developing severe complications from COVID. Therapeutics such a Paxlovid can further reduce Case 1:19-cr-00135-PB Document 328 Filed 11/04/22 Page 1 of 2
2 his risk of severe illness if he should contract COVID. Accordingly, his medical condition does not qualify as an extraordinary and compelling reason to reduce his sentence. I recognize that Morales-Hoyos has already served a significant portion of his sentence. He has also remained free from disciplinary reports while incarcerated and he has served as a tutor for other inmates. However, these facts do not affect my conclusion that extraordinary and compelling circumstances do not warrant a reduction in his sentence. Motion denied. SO ORDERED. /s/ Paul J. Barbadoro Paul J. Barbadoro United States District Judge November 4, 2022 cc: Counsel of Record U.S. Marshal U.S. Probation Case 1:19-cr-00135-PB Document 328 Filed 11/04/22 Page 2 of 2
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