United States of America v. Melvin Stanford

2023 DNH 031

• Court: District Court, D. New Hampshire
• Decided: March 29, 2023
• 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-47-2-SM Opinion No. 2023 DNH 031 Melvin Stanford

ORDER

Defendant was convicted and sentenced to 108 months of

incarceration for serious drug offenses. He now seeks an order

releasing him from prison for compassionate reasons, 18 U.S.C.

§ 3582(c)(1)(A), based on his medical conditions (hypertension,

type 2 diabetes, high cholesterol), and the heightened risk

those conditions pose should he contract the COVID-19 virus or

any of its mutations. Indeed defendant previously was infected

with COVID when detained at the Strafford County House of

Corrections in 2020.

His earlier case provides him with some degree of

protection against serious COVID illness in the future, but he

has declined to be vaccinated. The government reports that

nearly 95% of the inmates at the Danbury facility where

defendant is incarcerated have been vaccinated, which no doubt

also assists in controlling the spread of disease and tempers

serious illness if the virus is transmitted. While defendant

need not protect himself further by accepting the effective

1 vaccinations developed over the past few years, it is difficult

to conclude that his risk of serious COVID-related illness is

“extraordinary” and “compelling”; so warrants compassionate

release. “The risk is self-incurred.” United States v.

Broadfield, 5 F.4th 801, 803 (7th Cir. 2021).

But, even if defendant’s medical conditions and risks

associated with COVID-19 exposure did qualify as extraordinary

and compelling grounds for compassionate release, the

seriousness of his offenses and risk of danger he poses to the

community weigh heavily against granting compassionate release.

See United States v. Chambliss, 948 F.3d 691, 694 (5th Cir.

2020). As the government points out, defendant is a recidivist

drug dealer with a history of unlawful firearms possession.

Conclusion

For the reasons given and those argued by the government in

its opposition, the motion for compassionate release (doc. no.

408) is denied.

SO ORDERED.

____________________________ Steven J. McAuliffe United States District Judge

March 29, 2023

cc: Georgiana MacDonald, AUSA Anna Z. Krasinski, AUSA Kristin Weberg, Esq. U.S. Probation U.S. Marshal