United States of America v. Mallory Nooks

2022 DNH 032

• Court: District Court, D. New Hampshire
• Decided: March 14, 2022
• Docket: 19-cr-47-10-SM
• Status: Published

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE

United States of America

v. Case No. 19-cr-47-10-SM Opinion No. 2022 DNH 032 Mallory Nooks

ORDER

Defendant’s motion for “compassionate release” from

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

3582(a)(1)(A) is properly before the court as defendant has

exhausted available administrative remedies. The government

concedes that defendant’s various medical conditions put her at

a heightened risk of serious illness posed by the spread of the

COVID-19 virus and its variants. (Defendant has tested

positive.) Accordingly, the government concedes that defendant

has made the requisite showing of an “extraordinary and

compelling reason” warranting a reduction of her sentence.

(defendant also argues that her co-defendant mother needs her

care and assistance at home.)

At this point, widespread distribution and availability of

highly effective vaccines, and treatment regimens, have

substantially reduced the risks of serious illness and death

from COVID-19 variants. But even accepting that defendant’s

medical conditions present “extraordinary and compelling”

reasons supporting compassionate release, she must also show

that such release would be consistent with the sentencing

1 factors set out in 18 U.S.C. § 3553(e), and Sentencing

Commission policies (though that is not strictly required under

the First Step Act). That she cannot do.

Defendant was engaged in crack cocaine distribution in

significant quantities, while carrying a loaded firearm, as part

of a larger conspiracy. She continues to pose a danger to the

community if released early. She has served just over one-half

of the sentence imposed, and early release would be inconsistent

with the sentencing principles described in 18 U.S.C. § 3553(e),

specifically, service of a just sentence proportionate to the

criminal conduct, and the need for specific and general

deterrence.

Conclusion

The motions for compassionate release (doc. nos. 351 and

376) are necessarily denied for the reasons given, and those

articulated in the government’s opposition memorandum.

SO ORDERED.

____________________________ Steven J. McAuliffe United States District Judge

March 14, 2022

cc: Anna Krasinski, AUSA Behzad Mirhashem, Esq. Cathy J. Green, Esq. U.S. Probation U.S. Marshal