UNITED STATES v. COLBURN (2020)

United States District Court, D. Massachusetts.

UNITED STATES of America, v. Gregory COLBURN, et al., Defendants.

Criminal Action No. 19-10080-NMG

Decided: September 21, 2020

Eric S. Rosen, Alexia R. De Vincentis, Justin D. O'Connell, Kristen A. Kearney, Stephen E. Frank, Leslie Wright, United States Attorney's Office, Boston, MA, Karin Michelle Bell, U.S. Attorney's Office, Worcester, MA, for United States of America. David S. Schumacher, Hooper, Lundy & Bookman, P.C., Boston, MA, Jordan R.C. Kearney, Pro Hac Vice, Hooper, Lundy Bookman, P.C., San Francisco, CA, Patric Hooper, Pro Hac Vice, Hooper, Lundy & Bookman, PC, Los Angeles, CA, for Defendants Gregory Colburn, Amy Colburn. Brian T. Kelly, Joshua C.H. Sharp, Lauren Maynard, Nixon Peabody LLP, Robert L. Sheketoff, Boston, MA, Donald J. Campbell, Campbell & Williams, Las Vegas, NV, for Defendant Gamal Abdelaziz. Stephen H. Sutro, Pro Hac Vice, Duane Morris LLP, San Francisco, CA, Christian G. Kiely, David E. Meier, Melinda L. Thompson, Todd & Weld, Boston, MA, for Defendants Diane Blake, Todd Blake. Chase A. Scolnick, Pro Hac Vice, Jennifer L. Keller, Pro Hac Vice, Reuben Camper Cahn, Pro Hac Vice, Keller/Anderle LLP, Irvine, CA, for Defendant I-Hsin Chen. Eoin P. Beirne, Mark E. Robinson, R. Robert Popeo, Cory S. Flashner, Mathilda McGee-Tubb, Peter Charles Mulcahy, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, PC, Boston, MA, for Defendant Elisabeth Kimmel. Jack W. Pirozzolo, Sidley Austin LLP, Boston, MA, Joan M. Loughnane, Pro Hac Vice, Sidley Austin LLP, New York, NY, John C. Hueston, Pro Hac Vice, Hueston Hennigan, Newport Beach, CA, Marshall A. Camp, Pro Hac Vice, Brittani A. Jackson, Pro Hac Vice, Hueston Hennigan LLP, Los Angeles, CA, for Defendant William McGlashan, Jr. Allen J. Ruby, Pro Hac Vice, Jack P. DiCanio, Pro Hac Vice, Skadden, Arps, Slate, Meagher & Flom LLP, Palo Alto, CA, Michael K. Loucks, Skadden, Arps, Slate, Meagher & Flom LLP, Boston, MA, for Defendant Marci Palatella. Andrew E. Tomback, Pro Hac Vice, McLaughlin & Stern, LLP, New York, NY, Michael Kendall, Yakov Malkiel, White & Case, LLP, Boston, MA, for Defendant John Wilson. Megan A. Siddall, Seth B. Orkand, Tracy A. Miner, Miner Orkand Siddall LLP, Boston, MA, for Defendant Homayoun Zadeh. Matthew L. Schwartz, Pro Hac Vice, Sara K. Winik, Pro Hac Vice, Boies Schiller Flexner LLP, New York, NY, Nicholas C. Theodorou, Foley Hoag LLP, Martin G. Weinberg, Martin G. Weinberg, PC, Michael Pabian, Michael Pabian Law Office, LLC, Boston, MA, for Defendant Robert Zangrillo.

MEMORANDUM & ORDER

Defendant Elizabeth Henriquez pled guilty to one count of conspiracy to commit mail and wire fraud and honest services mail and wire fraud, in violation of 18 U.S.C. § 1349, and one count of money laundering conspiracy, in violation of 18 U.S.C. § 1956(h), in connection with her agreement to pay William “Rick” Singer to facilitate cheating on five standardized tests for her two daughters, and to cause one of her daughters to be wrongfully recruited as a student athlete, thereby facilitating her admission to Georgetown University. On March 31, 2020, this Court sentenced defendant Henriquez to, inter alia, seven months’ imprisonment.

On June 2, 2020, Henriquez moved to modify her sentence under § 3582(c)(1)(A)(i), seeking to convert her sentence of imprisonment to a term of home confinement because of concerns related to the COVID-19 pandemic. The Court denied her motion, offering instead to postpone her self-surrender date. Henriquez chose not to postpone that date and reported to FCI Dublin in California on June 29, 2020.

Defendant has now moved to reduce her sentence by four months pursuant to 18 U.S.C. § 3582(c)(1)(A)(i) because of concerns related to the COVID-19 pandemic and the harsh prison conditions imposed to prevent its spread. The government opposes the motion on several grounds including 1) the conditions imposed have been necessary and successful in preventing the spread of COVID-19 within FCI Dublin and 2) the defendant chose to report to prison early, rather than postpone her self-report date, knowing that she would be quarantined for at least 14 days and that social visits had been suspended. With leave of Court, defendant has filed a reply in support of her motion to reduce sentence which the Court has considered.

The COVID-19 pandemic is an unprecedented and continually evolving cause of concern and the Court is cognizant of the particular risk of transmission in penitentiary facilities. As explained at defendant's sentencing and, notwithstanding the current public health crisis, there are good reasons why the period of incarceration imposed is warranted by the defendant's criminal conduct in this case. The Court will, therefore, deny defendant's motion. If the public health crisis does not continue to abate within the next few months, the Court will entertain a motion to reconsider.

ORDER

For the foregoing reasons, the motion of defendant Elizabeth Henriquez to modify sentence (Docket No. 1471) is DENIED without prejudice.

So ordered.

GORTON, United States District Judge

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