United States v. Garcia, CRIMINAL NO. 12-304-(1)

UNITED STATES OF AMERICA v. JONATHAN GARCIA

CRIMINAL NO. 12-304-(1)

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

June 3, 2021

MEMORANDUM

JONES, II J.

I. INTRODUCTION

Since the first cases of an unknown respiratory illness were reported in December 2019,¹ a localized outbreak of coronavirus disease 2019 ("COVID-19") quickly evolved into a global pandemic, causing a public health emergency of international concern. As of this date, the World Health Organization has reported over 171.2 million confirmed cases of COVID-19 globally, including more than 3.6 million deaths.² In the United States alone, total confirmed cases now exceed 33.3 million, and deaths surpass 595,000.³ In the context of this ongoing public health emergency, Jonathan Garcia has filed a motion for compassionate release from prison for "extraordinary and compelling reasons" under 18 U.S.C. § 3582(c)(1)(A). For the reasons set forth below, Mr. Garcia's motion will be denied with leave to re-file.

II. FACTUAL AND PROCEDURAL BACKGROUND

A. Underlying Criminal Conduct

Mr. Garcia was a corrupt Philadelphia Police Officer who committed crimes in concert with his partner, Sydemy Joanis. In the order entered on January 7, 2015 in this matter—which denied Garcia's and Joanis's objections to the Presentence Investigation Report—the Honorable Legrome D. Davis described the nature of their illegal conduct:

In 2010, Defendants began robbing the people they would encounter while on patrol. On April 15, 2010, Defendants stopped an individual for allegedly loitering in public. They recovered a quantity of crack cocaine and $350 in cash, but they split the money and falsely indicated to the Department that none was recovered. On June 3, 2010, Defendants stopped an individual who was fleeing from another officer, recovering a bag containing crack cocaine and $900. Again, the cash never made it into inventory; according to the property receipts, no money was recovered. On September 9, 2010, Defendants stopped an individual for riding a bicycle the wrong way on a one-way street. Searching him, Defendants recovered a bag of marijuana, several baggies of crack cocaine, and about $650. This time, Defendants successfully inventoried the marijuana and $105 in cash. Defendants kept the rest of the money, and the arrest report made no mention of the cocaine.

Defendants' corrupt extracurricular activities included more elaborate schemes as well. Defendants developed a confidential source ("CS"), who they used to facilitate their robberies. On January 3, 2011, Joanis provided their CS with $40 cash and instructions to purchase two bags of crack cocaine from their mark, and Garcia told him where to arrange the transaction. At the agreed-upon location, Defendants pulled up in their police vehicle while the CS was conducting the purchase. As agreed, Joanis pretended to chase the CS as he fled the scene. Garcia searched the other individual and his car, recovering drugs and about $700 in cash. Defendants stole $392, which they split between them, and they inventoried the rest. They did not disclose the role of their CS in the encounter.

In May 2012, the FBI received information that Garcia was selling heroin, usually in uniform and sometimes from his police vehicle, initially alerting them to the illegal activity of the Defendants. The FBI used the Defendants' CS to make several controlled purchases from Garcia in May and June 2012. The FBI used the same CS in a successful sting operation against Garcia and Joanis on June 19, 2012. Acting on direction from the FBI, the CS informed Garcia and Joanis that he knew someone visiting from out of state ("CS1") who was selling OxyContin pills. Garcia instructed the CS to buy three pills and leavetwo in plain view on the floor of CS1's car. FBI agents planted a bag containing a pill bottle with 97 placebo pills and $2,030 in the center console of CS1's car. The agents also gave CS1 $460, which he placed in his pocket. The CS bought three pills and dropped two on the floor of CS1's car, as directed. Garcia then conducted a traffic stop of CS1, and Joanis and a different partner arrived on the scene a few minutes later. Joanis's partner watched CS1 while Garcia and Joanis searched the car. Defendants recovered the cash and pills that the FBI had planted. At headquarters later, Garcia gave Joanis about $630 and kept $1,400 for himself. Defendants prepared reports falsely representing that they recovered $470 and 90 pills in the stop. FBI agents arrested Garcia, recovering $1,400 from his personal car.

Jan. 7, 2015 Order (ECF No. 77) at 2-3. Mr. Garcia pled guilty to one count of Hobbs Act robbery, one count of conspiracy to commit Hobbs Act robbery, and one count of attempted Hobbs Act robbery (all in violation of 18 U.S.C. § 1951(a)); two related counts of carrying a firearm during and in relation to those crimes of violence (in violation of 18 U.S.C. § 924(c)(1)); and four counts of distribution of heroin (in violation of 21 U.S.C. § 841(a)(1) & (b)(1)(C)). See Judgment (ECF No. 85) at 1-2. He was sentenced to a term of imprisonment of 210 months, imposed on all counts concurrently, and is serving his sentence at FCI Milan. His anticipated release date is August 28, 2027.

B. COVID-19 in Correctional and Detention Facilities

"Correctional and detention facilities present unique challenges for control of COVID-19 transmission among incarcerated/detained persons and staff. According to public health experts, incarcerated individuals are at special risk of infection, given their living situations, and may also be less able to participate in proactive measures to keep themselves safe; infection control is challenging in these settings." United States v. Wilson, No. 14-cr-209, 2020 WL 1975082, at *2 (E.D. Pa. Apr. 24, 2020) (internal quotation marks, alterations, and footnotes omitted). Since the outbreak of the pandemic, the Bureau of Prisons ("BOP") "has implemented a number ofprotocols to protect the inmate population and staff from COVID-19." United States v. Stevens, 454 F. Supp. 3d 472, 476 (E.D. Pa. 2020).

Presently, BOP operations are governed by Phase Nine of the Action Plan. The current modified operations plan permits only limited group gathering and social distancing has largely been suspended. BOP has limited the movement of inmates and detainees among its facilities. Moreover, official staff travel has been suspended, as has most in-person staff training. BOP is endeavoring to regularly issue face masks to all staff and inmates, and strongly encourages masks to be worn in public areas where social distancing cannot be achieved.

Inmates who travel outside of a BOP institution, such as for court appearances, are to be quarantined upon their return. Newly admitted inmates are screened for COVID-19 exposure risk factors and symptoms. Asymptomatic inmates are placed in quarantine for at least 14 days or until cleared by medical staff. Symptomatic inmates are placed in medical isolation until they test negative for COVID-19 or are cleared by medical staff as meeting the CDC criteria for release from isolation. The Program Review Division will conduct unannounced site visits to ensure compliance with the Health Services Division and the CDC's guidance.

United States v. Ortiz Cabrera, No. 18-cr-304, 2021 WL 411502, at *2 (E.D. Pa. Feb. 5, 2021). At FCI Milan, where Mr. Garcia is incarcerated, there is currently one (1) confirmed, active case of COVID-19 among the inmate population. See COVID-19 Cases, FEDERAL BUREAU OF PRISONS, https://www.bop.gov/coronavirus/ (last visited June 3, 2021).

C. Mr. Garcia's Motion for Compassionate Release

Although he is only thirty-two (32) years old, Mr. Garcia asserts that he "is particularly vulnerable to the power of COVID-19" because he "suffers from chronic asthma and diagnosed hypertension." Mot. for Release (ECF No. 151) at 4. His motion provides no further details regarding his history with, or the severity of, either of these two purported conditions, and he has submitted no medical records to the Court in support of his motion. Mr. Garcia acknowledges that the "crimes for which [he] has pled guilty are serious and involve compromising his role as a police officer in Philadelphia by engaging in stealing drugs from dealers and subsequentlyselling the drugs to others including a confidential informant," but notes that "there was never any violence or injury as a result of [his] scheme." Id. at 3-4. His motion also contends that the facts of his "crime of conviction were unique to his employment as a police officer[,] making any chance of recidivism impossible." Id. at 4.

D. The Government's Response in Opposition

In its Response in Opposition to Mr. Garcia's Motion, the government asserts that Mr. Garcia's medical "records do not support [his] assertion that he suffers from asthma and hypertension," as "there is no documented history of either disorder, and [his] medical records do not show that he has been diagnosed with either asthma or hypertension." Gov't Opp'n (ECF No. 154) at 3. The government also points out that Mr. Garcia's presentence investigation report ("PSR") does not mention anything about Mr. Garcia having suffered from asthma, and states that, "'[a]ccording to the defendant, he is healthy and has no history of chronic illnesses.'" Id. at 4 (quoting PSR at ¶ 171).

The government contends that the "first mention of any breathing difficulties in the defendant's medical records occurs on August 26, 2020, two months after [he] submitted his request for compassionate release" to the warden. Id. at 3. It summarizes Mr. Garcia's medical visit on that date, as reflected in his medical records, as follows:

At the August 26, 2020[] medical visit, the nurse practitioner administered a test to measure the defendant's peak flow rate of breathing. The test requires the patient to exhale forcefully into a measuring device.

. . .

The defendant's test registered low air flow; however,

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