USA v. Morales-Hoyos et al

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