United States of America v. Terray Morrison

2022 DNH 030

• Court: District Court, D. New Hampshire
• Decided: March 11, 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-47-1-SM Opinion No. 2022 DNH 030 Terray Morrison

ORDER

Defendant moves for a sentence reduction under the

provisions of 18 U.S.C. § 3582(a)(1)(A) on grounds that he

suffers from severe asthma, is vulnerable to reacquiring COVID-

19 viral infection and potentially serious health consequences,

and, that his six-year-old daughter’s mother died from a drug

overdose in 2020 and he is the sole remaining parent able to

care for her.

The government concedes that defendant’s asthmatic

condition, coupled with the risks posed by COVID-19 (defendant

is at greater risk of serious medical consequences) qualify as

an extraordinary and compelling reason for release, but oppose

such relief on grounds that defendant would pose a serious

danger to the safety of the community if released.

Defendant’s prior convictions included a drug and a

firearms offense, as well as a parole violation. The offense of

conviction in this case involved a substantial cocaine

1 distribution conspiracy in which defendant played a leadership

role. Pursuant to a plea agreement entered into with the

government, defendant was sentenced to the statutory mandatory

minimum period of incarceration — 10 years — which was less than

one-third of the Guideline maximum recommended period of 405

months. Defendant has served less than one-third of that

sentence.

Even accepting that his asthmatic condition, risk of COVID-

19 exposure, and that his daughter’s need for his parental care,

qualify as extraordinary and compelling reasons warranting a

sentence reduction, such a reduction would not be consistent

with the sentencing factors set out in 18 U.S.C. § 3553(e),

because he plainly poses a danger to the safety of the

community, given his substantial drug distribution activity and

the likelihood of recidivism suggested by his prior record and

failure to abide by parole conditions. See 18 U.S.C. § 3142(g);

U.S.S.G. § 1B1.13(2). Defendant’s early release would not be

consistent with the sentencing goals of imposing a just

punishment, protecting the public, and providing for both

general and specific deterrence.

Conclusion

Given the danger to public safety defendant would pose if

released, and the sentencing factors militating against early

2 release, the motion for compassionate release (doc. no. 392) is

denied.

SO ORDERED.

____________________________ Steven J. McAuliffe United States District Judge

March 11, 2022

cc: Georgiana MacDonald, AUSA Anna Z. Krasinski, AUSA Michael J. Iacopino, Esq. U.S. Probation U.S. Marshal