Slip Opinion
D.N.J.Apr 20, 2022Background
- Vernon Jordan was convicted under 18 U.S.C. § 922(g)(1), pled guilty May 15, 2018, and was sentenced to 84 months’ imprisonment (october 30, 2018); projected release October 16, 2024.
- Jordan is housed at USP Big Sandy and moved for compassionate release citing COVID-19 risk and his rehabilitation (program completion, GED work, no disciplinary infractions, kitchen job, and a post-release job offer).
- The Government does not contest administrative exhaustion and opposes release because Jordan declined COVID-19 vaccination, has no alleged medical condition increasing COVID risk, and § 3553(a) factors weigh against release.
- BOP COVID protocols and vaccination program described; USP Big Sandy reported zero active inmate/staff cases at time of decision.
- Court found Jordan offered no medical reason for refusing the vaccine and that his vaccine refusal, lack of medical vulnerability, and the § 3553(a) factors did not establish extraordinary and compelling reasons for release.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether extraordinary and compelling reasons exist for compassionate release under 18 U.S.C. § 3582(c)(1)(A) | Jordan’s reasons insufficient: he’s unvaccinated, has no qualifying medical condition, and BOP has mitigations | COVID-19 risk plus rehabilitation, over 50% of sentence served, no infractions, program completion, and a job offer | Denied — no extraordinary and compelling reasons shown |
| Effect of vaccine refusal on entitlement to release | Refusal shows voluntary forgoing of BOP-offered protection and undermines COVID risk claim | (implicitly) vaccine refusal is permissible exercise of choice and should not preclude review | Court treated refusal as weighing against relief; refusal weakens claim of heightened COVID vulnerability |
| Weight of 18 U.S.C. § 3553(a) factors given rehabilitative progress | Offense seriousness and extensive criminal history weigh against release | Rehabilitation, educational progress, work assignments weigh for release | § 3553(a) factors overall weigh against release despite rehabilitative evidence |
| Administrative exhaustion of BOP remedies | Not contested by Government | Jordan submitted administrative request to warden | Exhaustion acknowledged/satisfied |
Key Cases Cited
- United States v. Andrews, 12 F.4th 255 (3d Cir. 2021) (Sentencing Commission policy statement §1B1.13 is not binding on courts but may provide guidance)