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`Case 1:20-cr-00297-JFK Document 45 Filed 04/14/22 Page 1 of 12
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
`------------------------------------x
`
`~ . . . . . , s n • 11
`
`. , . . . , . .
`
`UNITED STATES OF AMERICA
`
`-against-
`
`WINTON OVALLE,
`
`Defendant.
`------------------------------------x
`
`APPEARANCES
`
`FOR DEFENDANT WINTON OVALLE:
`Pro Se
`
`No. 20 Cr. 297 (JFK)
`
`OPINION & ORDER
`
`FOR THE UNITED STATES OF AMERICA:
`Sarah Mortazavi & Cecilia Vogel
`U.S. ATTORNEY'S OFFICE FOR THE SOUTHERN DISTRICT OF NEW YORK
`
`JOHN F. KEENAN, United States District Judge:
`
`Before the Court is twenty-six-year-old Defendant Winton
`
`Ovalle's ("Ovalle") pro se motion for compassionate release
`
`pursuant to 18 U.S.C. § 3582(c) (1) (A). In his motion, Ovalle
`
`asks the Court to reduce his sentence to time served and convert
`
`the outstanding balance of his sentence to supervised release
`
`with a condition of home confinement. Ovalle argues that his
`
`medical conditions and the threat posed by COVID-19 constitute
`
`"extraordinary and compelling reasons" warranting compassionate
`
`release. The Government opposes Ovalle's request. For the
`
`reasons set forth below, Ovalle's motion is DENIED.
`
`I. Background
`
`Unless otherwise noted, the following is taken from the
`
`materials submitted by the parties, Ovalle's Presentence
`
`1
`
`

`

`Case 1:20-cr-00297-JFK Document 45 Filed 04/14/22 Page 2 of 12
`
`Investigation Report (“PSR”), (ECF No. 33), and the transcript
`of Ovalle’s January 27, 2021, sentencing, (ECF No. 42). In
`ruling on Ovalle’s request, the Court has considered the
`arguments advanced in his pro se motion, (ECF No. 41), and the
`government’s letter in opposition, (ECF No. 44).
`On October 15, 2020, Ovalle pled guilty to one count of
`conspiracy to distribute and possess with intent to distribute:
`(1) 400 grams and more of mixtures and substances containing a
`detectable amount of fentanyl, in violation of 21 U.S.C. §§
`841(b)(1)(A), 846; (2) mixtures and substances containing a
`detectable amount of cocaine, in violation of 21 U.S.C. §
`841(c)(1)(C); and (3) mixtures and substances containing a
`detectable amount of heroin, in violation of 21 U.S.C. §
`841(b)(1)(C). (PSR ¶¶ 1, 4, 9.) The offense conduct related to
`Ovalle’s participation in a drug trafficking conspiracy that
`distributed fentanyl, methamphetamine, cocaine, and heroin in
`the New York metropolitan area. (Id. ¶¶ 12, 13.) Over the
`course of the Federal Bureau of Investigation’s (“FBI”)
`investigation of Ovalle and his co-conspirators, Ovalle sold
`tens of thousands of dollars’ worth of fentanyl pills to
`confidential sources acting at the direction of the FBI. (Id.
`¶¶ 13–30.) The pills sold by Ovalle were deceptively designed
`to look like oxycodone pills. (Id. ¶¶ 13, 17.)
`
`2
`
`

`

`Case 1:20-cr-00297-JFK Document 45 Filed 04/14/22 Page 3 of 12
`
`Ovalle’s sentencing occurred on January 27, 2021, during
`which the Court found a Sentencing Guideline offense level of 27
`and a Criminal History Category of I. (Sentencing Transcript
`(“Sent. Tr.”) at 19:24–25.) The Government advocated for a
`Guidelines sentence of 70 to 80 months and Ovalle’s counsel
`requested a sentence of 24 months. (Id. at 19:9–15.) The Court
`imposed a below-guidelines sentence of 48 months’ imprisonment.
`On October 27, 2021, Ovalle filed the instant motion
`requesting a reduction in his sentence and his immediate release
`to home confinement. (Motion for Compassionate Release
`(“Motion”) at 1.) In his motion, Ovalle argues that his medical
`conditions, including asthma, obesity, and recurring sinus
`infections, coupled with the spread of COVID-19 at the facility
`where he is incarcerated, FCI Morgantown, constitute
`extraordinary and compelling reasons warranting his immediate
`release. (Id. at 4–9.) In response, the Government argues that
`Ovalle’s request should be denied because (1) he is fully
`vaccinated against COVID-19, and (2) any modification of his
`sentence would be inconsistent with the sentencing factors of 18
`U.S.C. § 3553(a). (Government Letter in Opposition (“Gov’t
`Opp’n”) at 1.) Ovalle did not submit a reply to the
`government’s response.
`II. Applicable Law
`
`3
`
`

`

`Case 1:20-cr-00297-JFK Document 45 Filed 04/14/22 Page 4 of 12
`
`Under 18 U.S.C. § 3582(c)(1)(A), as amended by the First
`Step Act, a district court may reduce a defendant’s sentence if
`it finds that “extraordinary and compelling reasons warrant such
`a reduction” and “such a reduction is consistent with applicable
`policy statements issued by the Sentencing Commission.” 18
`U.S.C. § 3582(c)(1)(A). The Court is also required to consider
`“the factors set forth in [18 U.S.C. §] 3553(a) to the extent
`that they are applicable.” Id. The § 3553(a) factors include
`“the nature and circumstances of the offense; the history and
`characteristics of the defendant; the need for the sentence to
`reflect the seriousness of the offense, promote respect for the
`law, provide just punishment, afford adequate deterrence, and
`protect the public from future crimes by the defendant; and the
`need to avoid unwarranted sentencing disparities.” United
`States v. Roney, 833 F. App'x 850, 852 (2d Cir. 2020) (quoting
`18 U.S.C. § 3553(a)). Application of these factors requires an
`assessment of whether the “factors outweigh the ‘extraordinary
`and compelling reasons’ warranting compassionate release . . .
`[and] whether compassionate release would undermine the goals of
`the original sentence.” United States v. Ebbers, 432 F. Supp.
`421, 430–31 (S.D.N.Y. Jan. 8, 2020).
`In the Second Circuit, the U.S. Sentencing Commission’s
`policy statement concerning what qualifies as an “extraordinary
`and compelling” reason for release “is not ‘applicable’ to
`
`4
`
`

`

`Case 1:20-cr-00297-JFK Document 45 Filed 04/14/22 Page 5 of 12
`
`compassionate release motions brought by defendants,” and
`“cannot constrain district courts’ discretion to consider
`whether any reasons are extraordinary and compelling.” United
`States v. Brooker, 976 F.3d 228, 236 (2d Cir. 2020).
`Accordingly, district courts are free to “consider the full
`slate of extraordinary and compelling reasons that an imprisoned
`person might bring before them in motions for compassionate
`release.” Id. at 237; see also United States v. Ciprian, No. 11
`Cr. 1032 (PAE), 2021 U.S. Dist. LEXIS 18698, at *5 (S.D.N.Y.
`Feb. 1, 2021) (“[T]he Court is not constrained by either §
`1B1.13’s enumeration of extraordinary and compelling reasons or
`by its freestanding requirement that the defendant seeking
`release not pose any danger to the community.”).
`“Since the onset of the COVID-19 pandemic, numerous courts
`have held that the presence of preexisting [medical] conditions
`that increase the risks associated with the virus, in
`combination with the conditions of confinement, constitute
`extraordinary and compelling reasons for a reduction in sentence
`under 18 U.S.C. § 3582(c)(1)(A).” United States v. Serrano, No.
`13 Cr. 58 (AKH), 2020 WL 5259571, at *3 (S.D.N.Y. Sept. 3, 2020)
`(collecting cases); see also United States v. Bush, No. 17 Cr.
`611 (AT), 2021 WL 3097417, at *2 (S.D.N.Y. July 21, 2021)
`(“Courts have granted modified sentences in light of COVID-19
`for inmates with illnesses or injuries that make them
`
`5
`
`

`

`Case 1:20-cr-00297-JFK Document 45 Filed 04/14/22 Page 6 of 12
`
`particularly vulnerable to COVID-19.”). When considering such
`claims, courts in this District “have generally considered the
`age of the defendant; the severity and documented history of the
`defendant's health conditions, as well as the defendant's
`history of managing those conditions in prison; the presence and
`proliferation of infections in the prison facility at issue;
`[and] the proportion of the term of incarceration that the
`defendant has served . . . .” United States v. Franco, No. 12
`Cr. 932 (PAC), 2020 WL 4344834, at *2 (S.D.N.Y. June 24, 2020).
`Because Ovalle is proceeding pro se, the Court construes his
`motion liberally, reading it to raise the strongest arguments it
`suggests. See Green v. United States, 260 F.3d 78, 83 (2d Cir.
`2001).
`
`III. Discussion
`
`
`A. Extraordinary and Compelling Reasons
`
`The threshold question presented by Ovalle’s motion is
`whether he has established that extraordinary and compelling
`reasons justify his release.1 As noted previously, Ovalle argues
`that his asthma, obesity, and recurring sinus infections—known
`as sinusitis—place him at high risk of developing severe illness
`if infected with COVID-19. Ovalle further argues that
`
`
`1 The government concedes that Ovalle has exhausted the relevant
`administrative remedies pursuant to § 3582(c). (Gov’t Opp’n at 1
`n.2.)
`
`6
`
`

`

`Case 1:20-cr-00297-JFK Document 45 Filed 04/14/22 Page 7 of 12
`
`shortcomings in FCI Morgantown’s response to the pandemic, such
`as an allegedly low vaccination rate among staff and general
`non-compliance with the facility’s masking policies, increases
`his risk of infection. Ovalle avers that his medical conditions
`and conditions of confinement amount to “extraordinary and
`compelling reasons” for his release. The Court disagrees.
`First, Ovalle has failed to establish that his medical
`conditions significantly increase his risk of developing severe
`illness from COVID-19. According to his medical records, Ovalle
`has a Body Mass Index (“BMI”) of 30, which is considered obese,2
`and has been diagnosed with asthma and sinusitis. (PSR ¶ 60;
`Gov’t Opp’n at 4.) Current guidance from the Centers for
`Disease Control and Prevention (“CDC”) suggests that “[p]eople
`with moderate-to-severe or uncontrolled asthma are more likely
`to be hospitalized from COVID-19.” People with Moderate to
`Severe Asthma, CDC, https://www.cdc.gov/coronavirus/2019-
`ncov/need-extra-precautions/asthma.html (last visited Apr. 11,
`2022). Ovalle’s asthma, however, is “mild” and he manages the
`condition with the use of an inhaler. (PSR ¶ 60.) As for his
`sinusitis, the condition is not a “comorbidity” as defined by
`the CDC and does not increase his risk of developing “severe
`
`2 According to the Centers for Disease Control and Prevention, a person
`is “obese” if their BMI falls between 30 and 40. See People With
`Certain Medical Conditions, CDC, https://www.cdc.gov/coronavirus/2019-
`ncov/need-extra-precautions/people-with-medical-conditions.html (last
`visited April 14, 2002).
`
`7
`
`

`

`Case 1:20-cr-00297-JFK Document 45 Filed 04/14/22 Page 8 of 12
`
`COVID-19 outcomes.” Underlying Medical Conditions Associated
`with Higher Risk for Severe COVID-19: Information for Healthcare
`Providers, CDC, https://www.cdc.gov/coronavirus/2019-
`ncov/hcp/clinical-care/underlyingconditions.html (last visited
`April 14, 2022). Finally, although obesity does increase a
`person’s risk of severe illness, Ovalle’s BMI is only slightly
`over the at-risk threshold, and he does not suffer from other
`medical conditions that, in conjunction with his mild obesity,
`make him “significantly more vulnerable to the risk of COVID-19
`than the average inmate” at FCI Morgantown. United States v.
`Gonzalez-Casillas, No. 07 Cr. 527 (PAE), 2022 WL 446011, at *4
`(S.D.N.Y. Feb. 11, 2022); see also United States v. Farmer, No.
`19 Cr. 427 (LTS), 2022 WL 47517, at *3 (S.D.N.Y. Jan. 5, 2022)
`(“Courts have routinely denied compassionate release based on
`mild obesity alone, particularly when the defendant is
`relatively young and has no additional health issues.”); United
`States v. Broadus, No. 17 Cr. 787 (RJS), 2020 WL 3001040, at *2
`(S.D.N.Y. June 4, 2020) (“[T]he mere allegation that one is
`overweight, in prison, and that there is a COVID-19 outbreak
`nationwide is not sufficiently extraordinary and compelling to
`justify early release.” (cleaned up)); United States v. Cajigas,
`No. 08 Cr. 391 (VM), 2020 WL 6625210, at *2 (S.D.N.Y. Nov. 11,
`2020) (denying release to 50-year-old with a BMI of 35 because,
`inter alia, “in light of his age . . . and the fact that he
`
`8
`
`

`

`Case 1:20-cr-00297-JFK Document 45 Filed 04/14/22 Page 9 of 12
`
`presents no other health conditions, [the defendant's] obesity
`and pre-diabetes do not satisfy the extraordinary and compelling
`standard”).
`Furthermore, any threat COVID-19 poses to Ovalle is
`significantly reduced by the fact that he has recovered from a
`previous COVID-19 infection, (Gov’t Opp’n at 7), and has
`received two doses of the COVID-19 vaccine, (id. at 7–8). See
`United States v. Jimenez, No. 17 Cr. 512 (KMW), 2021 WL 1885121,
`at *3 (S.D.N.Y. May 11, 2021) (“Defendant's vaccination, along
`with his previous infection, mitigates the risk that he would
`otherwise face if he were to be reinfected with COVID-19.”); see
`also United States v. Santana, 18 Cr. 865 (VEC), 2021 WL
`1819683, at *2 (S.D.N.Y. May 6, 2021) (finding no extraordinary
`circumstances due to “the efficacy of the COVID vaccines” and
`citing data showing Pfizer vaccine is 94% effective at
`preventing hospitalization). As a vaccinated individual with
`non-severe health conditions, Ovalle is “at a fairly low risk of
`contracting [COVID-19], or of suffering from a severe case if he
`were to do so.” United States v. Hoey, No. 15 Cr. 229 (PAE),
`2021 WL 2689215, at *5 (S.D.N.Y. June 30, 2021).
`Second, Ovalle has failed to demonstrate that the
`conditions of confinement at FCI Morgantown support his release.
`As of this writing, there are no confirmed cases of COVID-19 at
`FCI Morgantown. See COVID-19 Cases, Bureau of Prisons,
`
`9
`
`

`

`Case 1:20-cr-00297-JFK Document 45 Filed 04/14/22 Page 10 of 12
`
`https://www.bop.gov/coronavirus/ (last visited April 14, 2022).
`While the Court is sympathetic to the poor conditions that
`Ovalle has undoubtedly faced while incarcerated throughout this
`pandemic, “generalized statements about the conditions of
`confinement do not constitute compelling reasons for
`compassionate release.” United States v. Farmer, No. 19 Cr. 427
`(LTS), 2022 WL 47517, at *4 (S.D.N.Y. Jan. 5, 2022); see also
`United States v. Knight, No. 17 Cr. 335 (GBD), 2020 WL 4751490,
`at *2 (S.D.N.Y. Aug. 17, 2020) (denying motion on the grounds
`that it “essentially relies on an argument that any individual
`who has Defendant's relatively common medical conditions . . .
`and is held in federal prison is experiencing extraordinary and
`compelling circumstances warranting release” (citation
`omitted)). Accordingly, because Ovalle does not face a
`heightened risk of becoming infected with COVID-19 and does not
`suffer from a medical condition that renders him particularly
`vulnerable to the virus, the Court finds that his motion fails
`to establish that extraordinary and compelling reasons support
`his release.
`B. The § 3553(a) Sentencing Factors
`
`
`
`Even if Ovalle could satisfy the “extraordinary and
`compelling reasons” requirement of 18 U.S.C. § 3582(c)(1)(A),
`his motion would fail because the sentencing factors of §
`3553(a) weigh against modifying his sentence. As noted above,
`
`10
`
`

`

`Case 1:20-cr-00297-JFK Document 45 Filed 04/14/22 Page 11 of 12
`
`Ovalle participated in a drug trafficking conspiracy that
`distributed a substantial quantity of fentanyl in the New York
`City area. Disturbingly, the fentanyl pills Ovalle sold were
`designed to look like oxycodone—the highly addictive and widely
`abused prescription medication that is far less potent than
`fentanyl. See In re Purdue Pharma, L.P., 635 B.R. 26, 44
`(S.D.N.Y. 2021) (noting that individuals suffering from opioid
`addiction often turn “to alternative sources to get their fix—
`including street drugs like heroin and its even stronger and
`more lethal cousin, fentanyl, which is fast acting and 100 times
`more potent than morphine”), certificate of appealability
`granted, No. 21 Civ. 7532 (CM), 2022 WL 121393 (S.D.N.Y. Jan. 7,
`2022). Due to the seriousness of Ovalle’s criminal conduct, the
`sentencing factors that weigh in his favor, such as the need to
`provide necessary medical care, are overshadowed by the combined
`force of “the nature and circumstances of the offense,” as well
`as the need for the sentence imposed to “reflect the seriousness
`of the offense,” “promote respect for the law,” “provide just
`punishment for the offense,” “afford adequate deterrence to
`criminal conduct,” and “protect the public from further crimes
`of the defendant.” 18 U.S.C. 3553(a). Because any modification
`to Ovalle’s sentence would be inconsistent with those factors,
`his motion must be denied.
`III. Conclusion
`
`
`11
`
`

`

`Case 1:20-cr-00297-JFK Document 45 Filed 04/14/22 Page 12 of 12
`
`For the reasons set forth above, Defendant Winton Ovalle's
`motion for compassionate release (ECF No. 41) is DENIED.
`The
`Clerk of Court is respectfully directed to terminate the motion
`docketed at ECF No. 41.
`
`SO ORDERED.
`
`Dated: New York, New York
`April/{ , 2022
`
`��77:�{J� John F. Keenan
`
`United States District Judge
`
`12
`
`

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