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Coronavirus Does Not Justify 90% Reductions in Sentence But McDuffie Surrender Postponed

By Matthew Russell Lee, Patreon
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SDNY COURTHOUSE, Feb 1 – Albert McDuffie was jailed after being arrested and found with 13 firearms in his house, including an AK-47 in his walls. Now after pleading guilty and facing a mandatory five year minimum he has applied to be released from prison due to the Coronavirus pandemic.

   On April 2 U.S. District Court for the Southern District of New York Judge Valerie E. Caproni head arguments on Albert McDuffie's request, and heard directly from his brother Zeshawn McDuffie a retired Corrections officer who has offered a room in his Long Island house to quarantine in. Inner City Press live tweeted the back and forth @SDNYLIVE

  In July, from Judge Caproni, this: "ORDER as to Perry Wells: IT IS HEREBY ORDERED THAT Mr. Wells motion to reduce his sentence pursuant to 18 U.S.C. § 3582(c)(1)(a) is denied. Assuming that Mr. Wells increased susceptibility to COVID-19 constitutes an exceptional circumstance supporting a reduction in his sentence, the request must nonetheless be denied if the reduction would be inconsistent with the sentencing factors set forth in 18 U.S.C. § 3553(a). See United States v. Rodriguez, No. WL 3051443, at *1 (S.D.N.Y. June 8, 2020). On February 11, 2020, the Court sentenced Mr. Wells to a term of incarceration of 90 months because of the seriousness of his offense, his relatively high culpability within the nine-member conspiracy charged in this case, and the need to convey to Mr. Wells the importance of acquiring a legitimate trade after a lifetime of drug dealing. See Hearing Tr. (Feb. 11, 2020) at 2123. Mr. Wells has been incarcerated since November 14, 2019, when he pleaded guilty; accordingly, he has served only eight months of his 90-month sentence as of the date of this Order. See Plea Hearing Tr. (Dkt. 125). While Mr. Wells age- and health-related risks are significant considerations, they are not sufficiently serious as to justify a 90% reduction of his sentence. The Court urges the BOP to transfer Mr. Wells to his designated facility as soon as possible. The Clerk of Court is respectfully directed to terminate docket entry 186. (Signed by Judge Valerie E. Caproni on 7/10/2020) (ap)." This case is US v. Watson, 19-cr-212 (Caproni).

  Now in February 2021, though, this: "MEMO ENDORSEMENT as to Albert McDuffie (5) granting [285] SECOND LETTER MOTION addressed to Judge Valerie E. Caproni from Thomas Francis Dunn dated February 1, 2021 re: extension of time to surrender due to Covid-19. ENDORSEMENT: Application GRANTED. Mr. McDuffie's surrender date is hereby adjourned to Monday, May 3, 2021. (Signed by Judge Valerie E. Caproni on 2/1/2021)."

 From back in April: Zeshawn McDuffie's wife is a registered nurse working per diem at Mount Sinai Hospital. Judge Caproni called the nurse's work essential to the community, and wondered of the wisdom of bailing Albert McDuffie out there.

  Judge Caproni did not decide right away, saying that she will in due course. The case is US v. McDuffie, 19-cr-212 (Caproni).

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