United States of America v. Johnson et al

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
UNITED STATES OF AMERICA, 	)
)
Plaintiff, 	)
)
vs. 	) 	No. CR-14-342-C-01
)
MAURICE MORLEE JOHNSON, 	)
)
Defendant. 	)
ORDER
Defendant has filed a Motion seeking a recommendation from the Court for early
compassionate 	release. 	He 	has 	also 	filed 	a 	second 	Motion 	providing 	additional
information about his medical condition and requesting a modification in how his
sentence is completed. 	Plaintiff has filed a Response to the Motions and the matter is
now at issue.
As Plaintiff notes, the relevant statute – 18 U.S.C. § 3582(c)(1)(A) – imposes three
criteria: 	(1) filing requirements; (2) extraordinary and compelling reasons; and (3) that
the reduction is consistent with the 18 U.S.C. § 3553 factors. 	Here, Defendant has
satisfied the filing requirement, as the current request is filed more than 30 days after
requesting relief from the facility warden. 	It is on the next two factors that Defendant’s
request fails.
While Defendant does appear to have two medical conditions (obesity and high
blood pressure) that increase his health risk should he contract COVID-19, those factors
are insufficient to warrant the relief requested. 	The family situation outlined by
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Defendant does not constitute an extraordinary and compelling reason under the relevant
policy. Even if the Court were to find the medical and family conditions as extraordinary
and compelling, Defendant would not be entitled to relief. 	As noted above, any relief
must also be consistent with the 18 U.S.C. § 3553 factors. 	As Plaintiff notes in its
Response, the nature of Defendant’s criminal conduct and the relatively short amount of
his sentence that has been served weigh against early release.
To the extent Defendant seeks emergency-based home confinement, the Court
finds that remedy is inappropriate. As Plaintiff notes, Defendant is currently housed at a
high security facility and his scores on a recidivism analysis indicate he is a high risk for
recidivism.
For the reasons set forth herein, Defendant’s Motions seeking compassionate relief
(Dkt. Nos. 115, 116) are DENIED.
IT IS SO ORDERED this 4th day of August, 2020.
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