UNITED STATES v. ANIYELOYE (2022)

MEMORANDUM AND ORDER

This matter is before the Court on defendant Adewale Aniyeloye's (“Aniyeloye”) motion (Filing No. 110) seeking relief from the Court's May 24, 2022, Memorandum and Order (“the Order”) (Filing No. 99).¹

The Order which denies compassionate release does state that Aniyeloye had contracted and recovered from COVID-19. Aniyeloye is correct that his recovery from COVID-19 is not reflected in any of his submissions. He also disputes the Court's calculation of his time served in custody to date. While the points raised by Aniyeloye are technically accurate, they do not change the result here.

In his second Motion for Compassionate Release (Filing No. 98)² Aniyeloye included over 100 pages of medical records, which the Court previously reviewed and then reviewed again as part of this motion. Those records confirm that Aniyeloye received the COVID-19 vaccine and that he was tested for COVID-19 (although no results are included). There is no information in the record establishing a previous COVID-19 infection. He also raises obesity and a prior history of smoking as risk factors if he would be infected with the COVID-19 virus. The records further confirm that, although Aniyeloye has been treated for health issues including hypertension, migraine headaches, hyperlipidemia, and some mental health issues, those medical records reflect that he was and is being treated by Bureau of Prisons medical staff and receives medication for these conditions.

Regarding the amount of time he has served in custody, Aniyeloye was sentenced on February 8, 2019 to a term of 96 months on each of six counts, all to be served concurrently. Aniyeloye spent approximately two years in pretrial detention.

Notwithstanding the foregoing, the Court did consider the totality of the circumstances and did review all of the 3553(a) factors and found Aniyeloye did not present (and does not now present) extraordinary and compelling reasons supporting compassionate release. As noted in the Order, “[E]ven if Aniyeloye's medical conditions were sufficiently severe to put him at a greater risk if he were to contract COVID-19 ․ 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.” Based on the foregoing and based on the nature and circumstances of Aniyeloye's offense, relief will not be granted.

Accordingly, Aniyeloye's motion (Filing No. 110) seeking reconsideration of the May 24, 2022, Memorandum and Order is denied.

IT IS SO ORDERED.

FOOTNOTES

1.   Aniyeloye appealed from this decision and that appeal was summarily denied on July 20, 2022.

2.   Aniyeloye filed an earlier request for release under 18 U.S.C. § 3582(c)(1)(A), but that submission did not include any medical conditions or the danger of COVID-19 as a basis for release (Filing No. 87).

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