UNITED STATES v. ADAMSON (2020)

Shawn Adamson appeals from the denial of his motion for compassionate release. He seeks release based upon his susceptibility to COVID-19 and the particular alleged risks at FCI Danbury. We affirm.

The district court may reduce a term of imprisonment under 18 U.S.C. § 3582(c)(1)(A)(i), as amended by the First Step Act of 2018, Pub. L. No. 115-391, § 603(b)(1), 132 Stat. 5194, 5239, if “extraordinary and compelling reasons warrant such a reduction,” upon a motion by the Director of the Bureau of Prisons (BOP) or by “the defendant after the defendant has fully exhausted all administrative rights to appeal a failure of the [BOP] to bring a motion on the defendant's behalf or the lapse of 30 days from the receipt of such a request by the warden of the defendant's facility, whichever is earlier,” 18 U.S.C. § 3582(c)(1)(A). We review a district court's ruling on a motion for compassionate release for abuse of discretion. See United States v. Chambliss, 948 F.3d 691, 693 (5th Cir. 2020). The Sentencing Commission has set forth circumstances that constitute “extraordinary and compelling reasons” for compassionate release, including, among others, a defendant's age and medical condition. U.S. Sentencing Guidelines Manual § 1B1.13 cmt. n.1(A)-(B), (D), p.s. “In the context of the COVID-19 outbreak, courts have found extraordinary and compelling reasons for compassionate release when an inmate shows both a particularized susceptibility to the disease and a particularized risk of contracting the disease at his prison facility.” United States v. Feiling, 453 F. Supp. 3d 832, 841 (E.D. Va. 2020) (citing cases).

We find that Adamson has failed to show either a particularized high risk of susceptibility to coronavirus or a current particularized risk of contracting the disease at Danbury. Accordingly, we affirm. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED

PER CURIAM: