LAW.coLAW.co

UNITED STATES v. ADKINS (2021)

United States Court of Appeals, Seventh Circuit.2021-08-05No. No. 21-1197

Summary

Holding. The court affirmed the district court's denial of compassionate release, finding no abuse of discretion and concluding that Adkins failed to establish an extraordinary and compelling reason for sentence reduction, particularly given his vaccination status and well-controlled health conditions.

Scott Adkins, a federal inmate serving a 222-month sentence for drug trafficking, firearm, and child pornography offenses, filed a second motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A)(i), arguing that his health conditions and COVID-19 risks at his facility warranted early release. The district court denied the motion, concluding that Adkins had not demonstrated extraordinary and compelling reasons for relief and that the sentencing factors weighed against reduction.

On appeal, Adkins pointed to rising infection rates at his facility between his first and second motions and claimed poor pandemic management by prison officials. The appellate court rejected these arguments, emphasizing that Adkins had been fully vaccinated as of April 2021—after filing his motion—and that he failed to explain why vaccination did not address his COVID-19 concerns. The court found that Adkins's underlying health conditions, particularly his well-controlled asthma, did not independently justify release. The court also upheld the district judge's reasoning that a significant sentence reduction would undermine sentencing goals given Adkins's serious criminal history.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether COVID-19 infection risk alone justifies compassionate release under § 3582(c)(1)(A)(i)
  • Whether prison vaccination availability eliminates claimed extraordinary and compelling circumstances
  • Whether well-controlled health conditions support early release in the pandemic context
  • How appellate courts review discretionary denials of compassionate release motions

Procedural posture

Adkins appealed the district court's denial of his second motion for compassionate release based on COVID-19 risk and health conditions.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

ORDER

Scott Adkins, a federal inmate, appeals the denial of his second motion for compassionate release based on his heightened risk of severe illness or complications from COVID-19, were he to contract it. The district court denied the motion because Adkins had not shown extraordinary and compelling reasons for release and because the sentencing factors weighed against it. Because the district judge appropriately exercised his discretion, we affirm.

Adkins is serving a 222-month sentence at the Federal Medical Center in Rochester, Minnesota, for his convictions for possessing 100 grams or more of heroin with intent to distribute, possessing a firearm as a felon, and receiving child pornography. He has a projected release date in early 2025.

Adkins first moved for compassionate release in May 2020, with the assistance of appointed counsel, based on the COVID-19 pandemic and his health problems. See 18 U.S.C. § 3582(c)(1)(A)(i). He asserted that, as a 51-year-old man with asthma, allergies, high cholesterol, and “other ailments,” he faced a heightened risk of serious complications from the virus. The judge denied relief because Adkinss health conditions were well-controlled, and he was in a medical facility with no active cases. The judge also noted that Adkins could file a new motion if circumstances changed. Adkins appealed but voluntarily dismissed his case. See Fed. R. App. P. 42(b).

Adkins then filed a second, pro se, compassionate-release motion in November 2020. He requested release based on new “factual developments” and attached several notices to inmates about the increasing number of confirmed COVID-19 cases at his facility. The most recent notice, from October 23, 2020, reported a total of 99 inmate cases with 36 still active. Adkins also resubmitted the medical records that supported his first motion. In response, the government acknowledged the increased infection rates at the Rochester facility but added that, as of November 2020, numbers had stabilized with only three active inmate cases. In his reply, Adkins provided further details about what he described as the prisons negligent efforts to contain the spread of COVID-19. He added that he had served most of his sentence, and his release would not endanger the public because he had a 15-year term of supervised release still to serve.

The district judge again denied relief, finding that Adkinss new assertions about increasing infection rates did not establish an extraordinary and compelling reason for his release. The judge acknowledged that prisons face difficulties in managing the pandemic, and that, as of January 2021, conditions had again worsened at the Rochester facility—with 65 active inmate cases at that time, and the number of recovered inmates up from 101 to 285. Nonetheless, the judge concluded that the anecdotal assertions in Adkinss reply brief did not establish that the prisons handling of the pandemic was “unreasonably poor or expose[d] Adkins to extraordinary risk.” The judge then recognized that asthma “might” increase Adkinss risk, but again found that the condition was well-controlled and that Adkins had ready access to medical care. The judge also cited Adkinss substantial criminal history and the significant time remaining on his sentence before concluding that a 20% sentence reduction would undermine the sentencing goals of just punishment, deterrence, and protecting the public and would not reflect the seriousness of his offenses or promote respect for the law.

Adkins now appeals, arguing that the judge did not adequately consider the exponential increase in prisoner infections between his first and second motions, the “dire risk” of contracting COVID-19 caused by the prisons poor handling of the pandemic, or his serious health conditions besides asthma.

The judge did not abuse his discretion in denying relief. See United States v. Saunders, 986 F.3d 1076, 1077–78 (7th Cir. 2021). Whatever the state of the pandemic at the time Adkins filed his motion, conditions throughout the Bureau of Prisons have since changed in a crucial way: Effective vaccines are widely available, and the Bureau offers vaccination to its prisoners. See United States v. Broadfield, No. 20-2906, 5 F.4th 801 (7th Cir. July 21, 2021). The government represents—and Adkins has not denied—that Adkins has been fully vaccinated since April 6, 2021. It was up to Adkins to explain why this does not sufficiently address his concerns about his susceptibility to COVID-19. And Adkins has never suggested that his health conditions justify release apart from the threat of serious complications should he contract the virus. See id.

Because Adkins lacks an extraordinary and compelling reason for a sentence reduction, it was unnecessary for the district judge to consider the factors under 18 U.S.C. § 3553(a). United States v. Thacker, No. 20-2943, 4 F.4th 569, 576 (7th Cir. July 15, 2021). Nonetheless, for completeness, we also conclude that the judge reasonably weighed those sentencing factors. Although Adkins insists that the judge should have given more weight to his good post-sentencing conduct, the judge need not analyze every factor, so long as he provided at least “one reason adequate to support the judgment.” United States v. Ugbah, No. 20-3073, 4 F.4th 595, 598 (7th Cir. July 21, 2021). The judge did so here in concluding that, in light of Adkinss substantial criminal record and his active role in serious offenses, reducing his sentence by more than 20% would undermine the goals of sentencing under § 3553(a).

AFFIRMED