United States v. Toole

515 F.Supp.3d 17

UNITED STATES of America, Plaintiff,

v.Algernon TOOLE, Defendant.

06-CR-6024L

United States District Court, W.D. New York.

Signed January 28, 2021

Brett A. Harvey, Charles E. Moynihan, U.S. Attorney's Office, Rochester, NY, for Plaintiff.

DECISION AND ORDER

DAVID G. LARIMER, United States District Judge

Defendant Algernon Toole ("Toole"), now housed at the United States Medical Center ("MCFP") at Springfield, Missouri, has filed requests for a sentence reduction. His first application was a letter dated November 5, 2020, seeking a reduction and later he filed a pro se motion (Dkt. #460) on December 7, 2020, seeking a reduction in sentence relying on the First Step Act, 18 U.S.C. § 3582(c)(1). In his applications, Toole mentions certain medical conditions and a concern about the COVID-19 epidemic. The Government filed a Response (Dkt. #463) opposing Toole's requests on the grounds that he failed to exhaust administrative remedies as required by statute and also on the merits because he has failed to demonstrate extraordinary and compelling reasons for a reduction in Toole's significant sentence.

The United States Probation Office for the Western District of New York also filed its Report on January 11, 2021, describing Toole's medical condition, as well as the situation at MCFP.

Toole did apply to the Warden at his facility for release. While it may not have been couched in language specific to compassionate release for the COVID-19 virus, it did raise Toole's medical issues and the Warden denied that request on December 4, 2020. So it appears that Toole has adequately exhausted administrative remedies.

But, on the merits of his request, Toole has failed to carry the burden of showing extraordinary and compelling reasons for a reduction of sentence.

It is clear that the mere existence of the pandemic does not warrant automatic release of those serving significant terms of imprisonment. The burden is on Toole to demonstrate extraordinary and compelling reasons for the Court to reduce the sentence.

Toole is confined to a medical center and he does have some medical issues, hypertension and obesity, but he is being treated for those matters with medication. According to the Report from Probation, Toole is listed at the lowest medical care level: Level 1.

The most important reason for denying Toole's motion at this time is the fact that he unfortunately was tested positive for COVID-19 on November 12, 2020. Both the Probation Report and the Government note that fact in responding to Toole's motion. As reported, Toole was quarantined for a period of time and, fortunately, suffered only minor symptoms, treating with Tylenol. According to the Government's Response (Dkt. #463, p.13), Toole did not suffer any severe or significant complications and the medical records indicate Toole advised medical staff that he felt better and that the records at the facility treated his infections as resolved.

Many motions that are filed relating to the COVID-19 virus reflect a concern that if the inmate contracts the disease, there will be serious consequences. Toole...