UNITED STATES v. ANIYELOYE (2022)

MEMORANDUM AND ORDER

This matter is before the Court on defendant Adewale Aniyeloye's (“Aniyeloye”) latest Motion for Compassionate Release (Filing No. 98). In October 2021, Aniyeloye initially filed a Motion to Modify Term of Imprisonment and Appointment of Counsel (Filing No. 87). He sought a sentence reduction pursuant to 18 U.S.C. § 3582(c)(1)(A), as amended by the First Step Act of 2018 (“First Step Act”), Pub. L. 115-391, 132 Stat. 5194 (2018). In that motion, Aniyeloye argued he should be entitled to a sentence reduction based upon his “extraordinary acceptance of responsibility” because he pleaded guilty to “all counts in the indictment.” He also asked for a sentence reduction because he believed that if he appealed, “he would have been successful in having his sentence and conviction vacated.” The Court denied his request (Filing No. 88).

In his current motion, Aniyeloye asserts other “extraordinary and compelling reasons” he believes warrant an early release. See 18 U.S.C. § 3582(c)(1)(A). Specifically, Aniyeloye argues his medical conditions put him at a high risk of serious illness or death should he contract COVID-19.

As amended by the First Step Act, § 3582(c)(1)(A)(i) permits Aniyeloye to move for a sentence reduction after he “has fully exhausted all administrative rights to appeal a failure of the Bureau of Prisons [(“BOP”)] to bring a motion on [his] behalf or the lapse of 30 days from the receipt of such a request by the warden of [his] facility, whichever is earlier.” On January 20, 2022, Aniyeloye submitted a request for compassionate release to the warden at the United States Penitentiary in Lompoc, California (“USP Lompoc”). He states he did not receive a response. Assuming that is true, thirty days have lapsed since his submission, and the Court turns to whether Aniyeloye has demonstrated extraordinary and compelling reasons to reduce his sentence.

In deciding whether to grant a reduction, the Court must consider the relevant factors set out in 18 U.S.C. § 3553(a), including the nature and circumstances of the offenses of conviction; the defendant's history and characteristics; and the need for the sentence to reflect the seriousness of the crime, to promote respect for the law, and to provide just punishment for the offense. A defendant's sentence should also deter criminal conduct, protect the public from future crime by the defendant, and promote rehabilitation. Id.

The Court also considers whether the defendant presents “a danger to the safety of any other person or to the community, as provided in 18 U.S.C. § 3142(g),” U.S.S.G. § 1B1.13(2), and must ensure any relief is “consistent with applicable policy statements issued by the [United States] Sentencing Commission,” 18 U.S.C. § 3582(c)(1)(A). The first application note to § 1B1.13 ¹ lists four general categories of qualifying circumstances: (1) the defendant's terminal illness or other serious medical condition; (2) the defendant's advanced age and deteriorating health; (3) dire family circumstances; and (4) other “extraordinary and compelling” reasons. U.S.S.G. § 1B1.13 cmt. n.1. The defendant's rehabilitation may be relevant but “is not, by itself, an extraordinary and compelling reason for purposes of [§ 1B1.13].” Id. § 1B1.13 cmt. n.3.

Aniyeloye argues that his medical conditions place him at a greater risk of serious illness or death should he contract COVID-19. He further explains that he is at a greater risk of contracting COVID-19 while at USP Lompoc due to overcrowding. Aniyeloye also states he is still suffering from long-term effects of a prior COVID-19 infection. Finally, Aniyeloye argues he has been rehabilitated and does not present a further risk to society because his charges were non-violent.

Having carefully reviewed the record in this case, the Court finds Aniyeloye has not presented extraordinary or compelling reasons for release. Even if Aniyeloye's medical conditions were sufficiently severe such to put him at a greater risk if he were to contract COVID-19 for a second time, many factors mitigate that risk, such as much lower COVID-19 positivity rates across the country and the massive effort to vaccinate the federal prison population. Aniyeloye has only served about three years of his eight-year sentence. Granting an early release under these circumstances may undermine the need for his sentence to reflect the seriousness of the crimes he committed.

Accordingly, Aniyeloye's Motion for Compassionate Release (Filing No. 98) pursuant to 18 U.S.C. § 3582(c)(1)(A)(i) is denied.

IT IS SO ORDERED.

FOOTNOTES

1.   This policy statement predates the First Step Act, so it does not control the analysis here. See United States v. Jenkins, No. 4:15-CR-3079, 2020 WL 2814437, at *3 (D. Neb. May 26, 2020). The Court still finds it instructive in evaluating Aniyeloye's motion. See id.

Robert F. Rossiter, Jr., Chief United States District Judge