5:17-cr-00016
E.D. Ky.May 10, 2022Background
- Defendant Dairion E. Morgan (age 29) pled guilty in 2017 to multiple drug and weapons offenses and was sentenced to 108 months imprisonment plus 8 years supervised release (judgment dated Oct. 16, 2018).
- Morgan is incarcerated at FCI Beckley and has served over 55% of his sentence.
- He filed a motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A); the government does not dispute that administrative exhaustion requirements are satisfied, so the court had jurisdiction.
- Morgan cited COVID-19 risks and his paraplegia/related complications as extraordinary and compelling reasons; medical records show he received one COVID-19 vaccine dose and declined the second, and that he receives regular care for paraplegia.
- The court evaluated whether extraordinary and compelling reasons exist and then considered the § 3553(a) factors, ultimately denying the motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction / exhaustion | Gov't does not dispute exhaustion; court has jurisdiction | Morgan contends exhaustion satisfied | Court finds exhaustion met and has jurisdiction |
| Extraordinary and compelling reason: COVID-19/vaccine status | Vaccinated inmates with access to vaccine generally do not present extraordinary and compelling reasons | Morgan cites COVID-19 risk and paraplegia complications | Court rejects; no extraordinary and compelling reason given vaccine access and medical records |
| Extraordinary and compelling reason: medical condition (paraplegia) | Medical records show routine care; conditions not sufficiently extraordinary | Morgan argues paraplegia complications warrant release | Court finds medical care adequate and condition not extraordinary |
| § 3553(a) factors | Release inappropriate given seriousness of offenses and need for deterrence/public safety | Morgan notes he has served >55% of sentence and seeks release | Court concludes § 3553(a) factors weigh against reduction and denies relief |
Key Cases Cited
- United States v. Jones, 980 F.3d 1098 (6th Cir. 2020) (district courts have discretion to determine what is "extraordinary and compelling" when a defendant files a § 3582(c)(1)(A) motion)
- United States v. Lemons, 15 F.4th 747 (6th Cir. 2021) (access to COVID-19 vaccine undermines claim that incarceration during pandemic is an extraordinary and compelling reason for sentence reduction)