United States of America v. Walter Williams

2022 DNH 112

• Court: District Court, D. New Hampshire
• Decided: September 9, 2022
• Docket: 12-cr-3-PB-1
• Status: Published

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE

United States of America

v. Case No. 12-cr-3-PB-1 Opinion No. 2022 DNH 112 Walter Williams

ORDER

Walter Williams received a 204-month sentence for Interference with

Commerce by Threat or Violence in violation of 18 U.S.C. § 1951 (two counts)

and Bank Robbery in violation of 18 U.S.C. § 2113(a) (one count). His

anticipated release date is August 2, 2027. He is before the court on a motion

for compassionate release.

Williams suffers from asymptomatic Low CD4 HIV and obesity. He has

received two COVID-19 vaccine shots and one booster shot, and he is

receiving treatment for his other health conditions. The government agrees

that Williams’ medical conditions provide an “extraordinary and compelling”

reason for his compassionate release during the pendency of the COVID-19

pandemic. The government does not take issue with Williams’ contention

that his release would also be consistent with the applicable Sentencing

Commission policy statement. The government instead bases its opposition to Williams’ motion on its contention that his early release would be

inconsistent with the factors that a court ordinarily must consider when

imposing a sentence pursuant to 18 U.S.C. § 3553(a). See United States v.

Texeira-Nieves, 23 F.4th 48, 54-55 (1st Cir. 2022) (explaining that § 3553

factors must “weigh in favor” of compassionate release).

I deny the motion for compassionate release because I agree with the

government that a reduction of Williams’ sentence would be inconsistent with

the § 3553 sentencing factors. Both his prior criminal record and his current

convictions demonstrate that he remains a danger to the public if he is

released prematurely. The defendant has two juvenile adjudications for

robbery and two distinct adult convictions for robbery. The defendant

committed his current crimes less than two years after completing a 210-

month sentence for multiple bank robberies. His current convictions are for

two armed robberies and a bank robbery. The crimes that led to his current

convictions are especially egregious. During the first armed robbery, he

brandished a firearm and assaulted a manager with the gun. During the

second armed robbery, he brandished a gun and pointed it directly at a store

employee. During the bank robbery, he grabbed a teller by the neck, forced

her to the vault, and ordered her to open the vault. While doing so, he kept

screaming that the teller was not moving fast enough and repeatedly asked

her, “what’s more important, the money or your life?” Given the serious

2 nature of Williams’ criminal record and his crimes of conviction, a 204-month

sentence remains necessary to reflect the seriousness of his offenses, to deter

others from committing similar offenses, and to protect the public from

further crimes by the defendant.

I recognize that Williams suffers from serious medical conditions. I also

do not discount the efforts he had made to further his rehabilitation while

incarcerated. The problem is that his criminal record and crimes of conviction

continue to require the sentence that I originally imposed remain in place.

For these reasons, and the additional reasons set forth in the government’s

objection, the defendant’s motion for compassionate release (Doc. No. 73) is

denied.

SO ORDERED.

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

September 9, 2022

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