United States v. Jackson
5:18-cr-20462
E.D. Mich.Jul 11, 2022Background:
- Defendant Annina Banks pled guilty to aggravated identity theft and was sentenced to 24 months’ imprisonment (to run consecutive to another sentence).
- Banks moved pro se for compassionate release under 18 U.S.C. § 3582(c)(1)(A)(i), citing COVID-19 risk, an outbreak at FMC Lexington, and medical conditions (COPD, systemic lupus erythematosus, rheumatoid arthritis, hypertension, obesity, and alleged vaccine allergy).
- The Court ordered supplementation about her alleged flu‑vaccine allergy and autoimmune disease; Banks submitted medical records showing multiple drug allergies but no documented allergy to COVID‑19 vaccines or their components.
- BOP makes COVID‑19 vaccines available at FMC Lexington; CDC guidance indicates vaccines reduce severe illness and death, including against variants.
- The Court concluded Banks did not show a CDC‑recognized contraindication to COVID‑19 vaccines and denied compassionate release because vaccine availability and Banks’ failure to establish a medical inability to be vaccinated defeat an "extraordinary and compelling" showing.
- The Court ordered two docket entries containing Banks’ medical records sealed to protect her privacy (ECF Nos. 75, 84).
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether extraordinary and compelling reasons justify compassionate release based on COVID‑19 risk and claimed inability to vaccinate | United States: Vaccine is available at FMC; refusal or failure to show medical contraindication means no extraordinary and compelling reason | Banks: Medical conditions and flu‑shot allergy (and facility outbreak) make her likely to suffer severe COVID and prevent vaccination | Denied — no extraordinary and compelling reason because vaccine access and lack of documented contraindication undermine release claim |
| Whether filings containing Banks’ medical records should be sealed | United States: (no opposition noted; Court may protect privacy) | Banks: Records were mailed to comply with Court’s order and contain sensitive personal medical information | Granted — Court directed Clerk to seal ECF Nos. 75 and 84 to preserve privacy |
Key Cases Cited
- United States v. Elias, 984 F.3d 516 (6th Cir. 2021) (sets out three‑step compassionate‑release inquiry)
- United States v. Jones, 980 F.3d 1098 (6th Cir. 2020) (exhaustion and standards for § 3582(c)(1)(A) motions)
- United States v. Traylor, 16 F.4th 485 (6th Cir. 2021) (incarceration during pandemic does not alone justify release when vaccine is available)
- United States v. Lemons, 15 F.4th 747 (6th Cir. 2021) (same principle regarding vaccine access)
- United States v. Ruffin, 978 F.3d 1000 (6th Cir. 2020) (district courts may deny compassionate release when a prerequisite is lacking)
- United States v. Broadfield, 5 F.4th 801 (6th Cir. 2021) (prisoner who declines vaccination cannot characterize resulting elevated risk as "extraordinary and compelling")