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United States v. McCarthy

United States District Court for the District of Connecticut

April 8, 2020, Decided; April 8, 2020, Filed

CRIM. CASE NO. 3:17-CR-0230 (JCH); 3:92-CR-0070 (JCH)

Opinion

RULING ON DEFENDANT'S EMERGENCY MOTION (Doc. No. 88)

I. INTRODUCTION

Defendant John McCarthy ("McCarthy") moves for immediate transfer to a halfway house or, in the alternative, compassionate release under section 3582 of title 18 of the United States Code. See Emergency Motion (Doc. No. 88). McCarthy has filed an identical Motion in his other criminal case. See Case No. 3:92-CR-0070, Doc. No. 487. The Government opposes. See Memorandum in Opposition (Doc. No. 93).

On April 2, April 3, and April 6, the court held telephonic conferences in an attempt to explore the possibility of working with the Bureau of Prisons ("BOP") to coordinate the transfer of McCarthy from MDC Brooklyn to a halfway house in Connecticut without modifying or reducing McCarthy's sentence. See Docs. No. 96, 101, and 103. These efforts were unsuccessful. On April 8, the court heard oral argument on the Emergency Motion via videoconference. See Doc. No. 107.

For the reasons [*2]  that follow, McCarthy's Motion for compassionate release is granted. McCarthy's sentence is reduced to time served pursuant to Section 3582(c)(1)(A) of title 18 of the United States Code, and he shall be immediately released from BOP custody. Upon his release, McCarthy shall be subject to the additional conditions imposed in the Court's Order of Release. All other aspects of McCarthy's sentence remain unchanged.1

II. BACKGROUND

On January 4, 2019, McCarthy was convicted by guilty plea of one count of armed bank robbery in violation of section 2113(a) and 2113(d) of title 18 of the United States Code. See Judgment (Doc. No. 81). This court sentenced McCarthy to a term of imprisonment of 38 months, followed by a term of supervised release of five years. Id. The court also imposed several Special Conditions of Supervised Release. The first Special Condition provides that, upon McCarthy's completion of his term of imprisonment, he would immediately begin his term of supervised release in a facility where he will receive intensive mental health treatment. Judgement at 1. The court also recommended to the Bureau of Prisons that it "not provide the defendant access to any early release programs as part of his sentence in light of the special conditions of supervised release that have been imposed [*3]  immediately upon the defendant's release." Id. at 2.

While McCarthy was serving his sentence, a team, consisting of the United States Probation Officer who will supervise McCarthy, McCarthy's defense counsel and her staff, and a case counselor from the Bureau of Prisons, had worked together to secure McCarthy's admission to a facility where he can receive intensive mental health and substance abuse treatment upon release from prison consistent with the court's order. See id. 2-3. To facilitate McCarthy's ultimate discharge from the BOP on May 4, 2020, McCarthy was recently moved out from FCI Cumberland for transfer to FCI Danbury. It was expected that, while at FCI Danbury, the Greater Bridgeport Mental Health Center would interview McCarthy in advance of his discharge from Danbury. Id. at 3.

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2020 U.S. Dist. LEXIS 61759 *

UNITED STATES OF AMERICA, v. JOHN MCCARTHY, Defendant.

Prior History: United States v. McCarthy, 54 F.3d 51, 1995 U.S. App. LEXIS 8455 (2d Cir. Conn., Apr. 11, 1995)

CORE TERMS

sentence, BOP, exhaustion, compelling reason, required to exhaust, compassionate, reduction, Prisons, factors, term of imprisonment, health consequences, supervised release, impose sentence, halfway house, conditions, waiving, special condition, imprisonment, coronavirus, illness, futile, staff