Not a Lexis Advance subscriber? Try it out for free.

United States v. Campagna

United States District Court for the Southern District of New York

March 27, 2020, Decided; March 27, 2020, Filed

16 Cr. 78-01 (LGS)

Opinion

ORDER

LORNA G. SCHOFIELD, District Judge:

WHEREAS, on March 24, 2020, Defendant filed an unopposed application under 18 U.S.C. § 3582(c)(1)(A)(i) for the Court to decrease Defendant's sentence by four months (from forty months to thirty-six months), which will cause him to be immediately transferred from the Brooklyn Residential Reentry Center (the "RCC") to home incarceration for the remaining four months of his sentence;

WHEREAS, on March 31, 2017, Defendant pleaded guilty to Conspiring to Traffic Firearms in violation of 18 USC. § 371, 18 U.S.C. § 922(a)(1)(A) (Count One) and Possession and transfer of a machine gun in violation of 18 USC § 922(o)(1) and (2) (Count Two). Prior to these offenses, Defendant had no criminal record. Defendant voluntarily surrendered and was sentenced to forty months' incarceration and a $20,000 fine. Defendant asserts -- and the Government does not dispute -- that he has paid his fine in full and served his time at FCI Danbury without incident. Defendant was transferred [*2]  to the RCC on February 4, 2020;

WHEREAS, Defendant seeks a modification of his sentence on the grounds that he is at high risk of contracting COVID-19 due to the conditions at the RCC, and these circumstances present "extraordinary and compelling reasons" that "warrant such reduction." 18 U.S.C. § 3582(c)(1)(A)(i). Defendant argues that conditions at RCCs create the ideal environment for the transmission of contagious disease because the residents -- some of whom, including Defendant, work off-site on week days and stay with their families on weekends -- cycle in and out of the facilities from all over the district, and staff at the facilities leave and return daily, without screening. Defendant further alleges that residents of the RCC sleep in bunk beds in close proximity, that he shares two bathrooms with approximately sixty men, and that residents are not allowed to use alcohol-based hand sanitizers. Defendant states that he has been informed that a resident at the RCC tested positive for COVID-19 and was removed from the facility by ambulance. He further asserts that the RCC has been placed in "lock-down, thereby prohibiting any resident from leaving for any reason, even for their usual weekend passes to [*3]  stay at home";

WHEREAS, Defendant asserts that he is fifty-five years old. His doctor states that Defendant "suffers from a compromised immune system with very low white blood cell counts. This puts him at significant risk if he were to become infected with the current Coronavirus. As such it is highly recommended for him to be isolated from any contact. Home quarantine is highly recommended.";

Read The Full CaseNot a Lexis Advance subscriber? Try it out for free.

Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.

2020 U.S. Dist. LEXIS 54401 *

UNITED STATES, -against- DAMIAN CAMPAGNA, Defendant.

Prior History: United States v. Campagna, 2016 U.S. Dist. LEXIS 108238 (S.D.N.Y., Aug. 11, 2016)

CORE TERMS

sentence, BOP, compelling reason, incarceration, Coronavirus, confinement, reduction, imprisonment, conditions, residents, infected, Disease, cases, https