United States of America v. Katie Fysh

2022 DNH 034

• Court: District Court, D. New Hampshire
• Decided: March 15, 2022
• Docket: 18-cr-131-1-SM
• Status: Published

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE

United States of America

v. Case No. 18-cr-131-1-SM Opinion No. 2022 DNH 034 Katie Fysh

ORDER

Defendant’s motion for “compassionate release” (doc. no.

48) from incarceration under the First Step Act, 18 U.S.C. §

3582(a)(1)(A), and supplemental motion (doc. no. 54), are

properly before the court as defendant has exhausted available

administrative remedies.

The burden is on defendant to show that she is entitled to

relief, that is 1) that extraordinary and compelling reasons

warrant a reduction in her sentence, and 2) such a reduction

would be consistent with the sentencing factors set out in 18

U.S.C. § 3553(e) as well as Sentencing Commission Policies

(though that is not strictly required under the First Step Act).

Here, the government conceded that defendant’s medical

conditions place her in a high-risk category should she contract

COVID-19, and that defendant has met her burden to show

“extraordinary and compelling” reasons warranting sentence

reduction. But, says the government, the sentencing factors

still weigh heavily against defendant’s early release,

particularly the danger defendant poses to the community. See

1 18 U.S.C. § 3142(g); USSG § 1B1.13(2). And, the government

adds, defendant will soon be transitioned from incarceration to

a residential facility.

Defendant was convicted of conspiracy to distribute and

possess with the intent to distribute the controlled substance

Fentanyl, in violation of 28 U.S.C. § 846 and 841(a). She has a

history of recidivism (CHC III), and she has not met her burden

to show that she no longer poses a danger to the safety of the

community. In addition, defendant’s early release would, under

these circumstances, be inconsistent with the sentencing goals

of promoting respect for the law, imposing a just punishment,

protecting the public, and providing for both general and

specific deterrence. 18 U.S.C. § 3553(a). Releasing defendant

and thereby avoiding transitioning programming would also be

inconsistent with the sentencing goals of promoting

rehabilitation.

Conclusion

Given the current low risk of community spread of the virus

in the facility, the danger to public safety defendant would

pose if released to her home early, and the sentencing factors

militating against defendant’s early release, the motion for

compassionate release under the First Step Act, and supplemental

motion, (doc. nos. 48 and 54) are hereby denied.

2 SO ORDERED.

____________________________ Steven J. McAuliffe United States District Judge

March 15, 2022

cc: Georgiana MacDonald, AUSA Donald A. Kennedy, Esq. U.S. Probation U.S. Marshal