Case 1:17-cr-00487-KMW Document 312 Filed 03/08/21 Page 1 of 5
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
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`UNITED STATES OF AMERICA
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`-against-
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`JAYLEN SCOTT-KING,
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`Defendant.
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`KIMBA M. WOOD, United States District Judge:
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`USDC SDNY
`DOCUMENT
`ELECTRONICALLY FILED
`DOC #: __________________
`DATE FILED: March 8, 2021
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`17-CR-487 (KMW)
`OPINION & ORDER
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`Defendant Jaylen Scott-King has moved to reduce his sentence under the federal
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`compassionate release statute, 18 U.S.C. § 3582(c)(1)(A), in light of COVID-19. The
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`Government opposes the motion. For the reasons that follow, Defendant’s motion is DENIED.
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`BACKGROUND
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`On August 8, 2017, Scott-King was arrested in connection with his membership in the
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`“Rollin’ 30s Crips,” a street gang that engaged in, among other activities, narcotics trafficking,
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`firearms trafficking, and robberies. (Mot. at 1, ECF No. 302; Gov’t Opp’n at 1, ECF No. 305.)
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`On April 30, 2018, pursuant to a plea agreement, Scott-King pled guilty to conspiracy to
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`distribute crack cocaine and heroin, in violation of 21 U.S.C. §§ 846 and 841(b)(1)(B). (Gov’t
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`Opp’n at 2.) On September 19, 2018, Scott-King was sentenced to 60 months’ imprisonment.
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`His anticipated release date is March 13, 2022. (Id.) In June 2021, he will be eligible for
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`release to a halfway house. (Mot. at 1.)
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`On January 21, 2021, Scott-King filed the instant motion for compassionate release,
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`based on the health risks associated with the COVID-19 pandemic. On February 4, the
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`Government filed its opposition. On February 26, Scott-King filed a supplemental letter,
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`detailing further the conditions of his confinement at FCI Fort Dix and the implications of his
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`diagnosis, in early January 2021, with COVID-19.1 (ECF No. 310.) On March 3, the
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`Government filed a response to that letter. (ECF No. 311.)
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`LEGAL STANDARD
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`Pursuant to 18 U.S.C. § 3582(c)(1)(A), as modified by the First Step Act, Pub. L. No.
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`115-391, 132 Stat. 5194 (Dec. 21, 2018), a court may reduce a defendant’s sentence upon motion
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`of the Director of the Bureau of Prisons (“BOP”), or upon motion of the defendant. A
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`defendant may move under § 3582(c)(1)(A) only after the defendant has “fully exhausted all
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`administrative rights to appeal a failure of the Bureau of Prisons to bring a motion on the
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`defendant’s behalf or the lapse of 30 days from the receipt of such a request by the warden of the
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`defendant’s facility, whichever is earlier.”2
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`A court may reduce a defendant’s sentence if it finds that “extraordinary and compelling
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`reasons warrant such a reduction” and “such a reduction is consistent with the applicable policy
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`statements issued by the Sentencing Commission.” Id. § 3582(c)(1)(A)(i). The court has
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`discretion to consider “the full slate of extraordinary and compelling reasons” an inmate presents.
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`United States v. Brooker, 976 F.3d 228, 237 (2d Cir. 2020). In light of COVID-19, these
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`reasons may include whether a defendant is at increased risk of suffering serious illness from the
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`virus. See, e.g., United States v. Jones, 2020 WL 6131252, at *3 (S.D.N.Y. Oct. 19, 2020)
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`(Swain, J.). In determining whether to grant a motion for compassionate release, a court also
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`must consider the sentencing factors set forth in 18 U.S.C. § 3553(a). 18 U.S.C. §
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`3582(c)(1)(A). Even if extraordinary and compelling reasons for compassionate release exist,
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`1 Scott-King’s diagnosis was not addressed in the initial motion. (See Gov’t Let., ECF No. 306.)
`2 The Government does not contest that Scott-King has exhausted his administrative remedies. (Gov’t Opp’n at
`2.) Scott-King requested a recommendation for compassionate release from the BOP on November 5, 2020.
`(Mot. at Ex. 1.) The BOP denied that request more than 30 days later. (Mot. at Ex. 2.) Accordingly, the
`instant motion is properly before the Court.
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`the court may deny the motion if the Section 3553(a) sentencing considerations outweigh those
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`reasons.
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`DISCUSSION
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`Scott-King seeks compassionate release based on the high number of infections at FCI
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`Fort Dix, his risk of serious illness, and the effect of COVID-19 on his conditions of
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`incarceration. (Mot. at 7-8; Def. Suppl. at 2-4.) The Court agrees with the Government,
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`however, and finds that Scott-King has not met his burden to demonstrate the existence of
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`extraordinary and compelling reasons favoring release.
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`Scott-King is 23 years old and has not identified any conditions that would place him at
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`increased risk of severe illness from COVID-19, stating only that he has spent much of the past
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`year in a state of “high[] anxiety.” (Mot. at 7-8.) Indeed, Scott-King concedes that he is
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`“probably healthier than many.” (Id. at 7.) Although he tested positive for COVID-19 in early
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`January, Scott-King reported no symptoms and appears to have recovered. (Gov’t Suppl. Opp’n
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`at 1.) To the extent there is now a possibility of reinfection, that risk is speculative and does not
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`support release. See United States v. Decker, 2020 WL 3268706, at *2 (S.D.N.Y. June 17,
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`2020) (Kaplan, J.).
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`The other factors that Scott-King cites also do not support release. The high number of
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`COVID-19 cases at FCI Fort Dix is concerning, and COVID-19 restrictions in BOP facilities
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`have doubtless taken a toll on all inmates and reduced the opportunities for family visitation and
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`meaningful programming. (Mot. at 5-6; Suppl. Let. at 3-4.) Scott-King has not demonstrated,
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`however, that his lack of access to visitation and programming differentiates him from other
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`inmates in federal custody, nor has he presented other factors that would make his confinement
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`uniquely difficult. See United States v. Fiseku, 2020 WL 7695708, at *4 (S.D.N.Y. Dec. 28,
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`2020) (Engelmayer, J.) (discussing the “similar constraints,” including separation from family,
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`faced by all inmates).
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`In addition, consideration of the Section 3553(a) sentencing factors militates against
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`release. Certain factors, in particular Scott-King’s history and characteristics, weigh in his favor.
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`18 U.S.C. § 3553(a)(1). At sentencing, the Court stated that Scott-King’s character “appear[ed]
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`to be mixed.” (Sent. Tr. at 7, ECF No. 241.) He was very young, which warranted some
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`leniency; had little educational or employment experience; and became involved with a gang at
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`an early age. (Id.) During his incarceration, and to his credit, Scott-King has sought
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`vocational training and worked to address his substance abuse issues. (See Mot. at 8.) The
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`instant offenses were his first, and he has no disciplinary record in prison. (Id. at 8; Gov’t
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`Opp’n at 10.)
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`Other Section 3553(a) sentencing considerations, however, outweigh the above.
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`Scott-King’s offenses were serious. He distributed dangerous and addictive drugs including
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`heroin and crack cocaine, and he participated in firearms trafficking conducted primarily by other
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`Rollin’ 30s Crips’ gang members. (Gov’t Opp’n at 10.) In addition, in the BOP’s assessment,
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`Scott-King is at “medium risk of recidivism.” (Id. at 2 n.2.) Finally, the Government
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`describes a troubling incident, which is uncontroverted, from a related case. During witness
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`testimony provided in that case, Scott-King was identified in a video assaulting a member of an
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`opposing gang and slashing him across the face with a weapon. (Id. at 10.) In these
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`circumstances, the Court cannot conclude that Scott-King would not be a danger to the
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`community. Granting compassionate release thus would not reflect the seriousness of the
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`offense, afford adequate deterrence, or protect the public from further crimes. See 18 U.S.C. §
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`3553(a)(2)(A)-(C).
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`CONCLUSION
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`For the foregoing reasons, the Court finds that Scott-King has not demonstrated the
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`existence of extraordinary and compelling reasons warranting release, and that consideration of
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`the Section 3553(a) sentencing factors weighs against release. Accordingly, Scott-King’s
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`motion for compassionate release is DENIED.
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`The Clerk of Court is respectfully directed to terminate the motion at ECF No. 302.
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`SO ORDERED.
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`Dated: New York, New York
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`March 8, 2021
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`/s/ Kimba M. Wood
`KIMBA M. WOOD
`United States District Judge
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