United States of America v. Enver Morales-Hoyos

2022 DNH 139

• Court: District Court, D. New Hampshire
• Decided: November 4, 2022
• Docket: 19-cr-135-1-PB
• Status: Published

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE

United States of America

v. Case No. 19-cr-135-1-PB Opinion No. 2022 DNH 139 Enver Morales-Hoyos

ORDER

Enver Morales-Hoyos is serving a 72-month sentence for conspiracy to

distribute a controlled substance. He has filed a motion for compassionate

release pursuant to 18 U.S.C. § 3582(c)(1)(A).

Morales-Hoyos bases his motion primarily on the fact that he is at

higher than average risk that he will suffer severe illness if he should

contract COVID-19. This is because he suffers from asthma, he is required to

use an inhaler on a daily basis, and he was a heavy smoker for more than 30

years. In light of these conditions, he argues that “extraordinary and

compelling reasons” warrant his early release. I disagree.

Although Morales-Hoyos is at higher than normal risk of suffering

complications if he contracts COVID-19, his condition does not qualify as

extraordinary and compelling. The defendant has been vaccinated and

boosted, which substantially reduces his risk of developing severe

complications from COVID. Therapeutics such a Paxlovid can further reduce his risk of severe illness if he should contract COVID. Accordingly, his

medical condition does not qualify as an extraordinary and compelling reason

to reduce his sentence.

I recognize that Morales-Hoyos has already served a significant portion

of his sentence. He has also remained free from disciplinary reports while

incarcerated and he has served as a tutor for other inmates. However, these

facts do not affect my conclusion that extraordinary and compelling

circumstances do not warrant a reduction in his sentence.

Motion denied.

SO ORDERED.

/s/ Paul J. Barbadoro Paul J. Barbadoro United States District Judge

November 4, 2022

cc: Counsel of Record U.S. Marshal U.S. Probation