MEMORANDUM AND ORDER Pending before the Court is defendant Oswald Lewis’ motion for compassionate release pursuant to 18 U.S.C. §3582(c)(1)(A)(i). [ECF No. 203]. On the basis of the COVID-19 pandemic, Lewis seeks to be released from his prison term early. The Government opposes his motion. [ECF No. 205]. For the following reasons, Lewis’ motion is DENIED. BACKGROUND On August 26, 2014, law enforcement officers with the United States Marshals Service and the New York City Police Department attempted to execute an arrest warrant for Lewis at his apartment in Queens, New York. Pre-Sentence Report, dated July 29, 2016 [ECF No. 141] (“PSR”), at 10. The officers knocked on the door of Lewis’ apartment and announced their presence, but no one answered. After announcing their presence a second time and again receiving no response, the officers made a forcible entry into Lewis’ apartment. Id. at 12. The officers approached a bedroom that had a closed door through which they heard the sound of a gun being loaded. As one of the officers reached for the doorknob, Lewis, who was wearing ballistic armor with a holster, announced to the officers that he was holding a hostage and that they should leave the premises, or he would kill the hostage. Id. at 13. As the officers began backing off, Lewis cracked open the door, aimed straight at the officers, and began shooting. He then began to shoot out of the rear of his apartment at members of the New York City Police Department while he attempted to flee out a window. Id. During the exchange of gunfire, Lewis was shot in the arm, at which point he stopped shooting and surrendered. Id. at 14. A subsequent search of Lewis’ apartment revealed two handguns, ammunition, small plastic baggies, and a digital scale. Id. at 15. He also admitted to having two additional handguns and body armor at another address in New Jersey. Id. On March 10, 2016, a jury found Lewis guilty of six of eight counts of a Second Superseding Indictment. [ECF No. 119]. The six counts charged Lewis with assault on federal officers and police detectives assisting federal officers, unlawful use and possession of a firearm, being a felon in possession of a firearm, being a fugitive in possession of a firearm, and unlawful possession of a firearm with an obliterated serial number. PSR at p. 3. The Government subsequently moved to dismiss the charge of being a fugitive in possession of a firearm. Judgment in a Criminal Case [ECF No. 170], at 1. Lewis’ total offense level was 33. PSR at 60. His criminal record included only a single conviction for the sale of cocaine in New York, giving him a criminal history category of I. Id. at
62, 64. However, Lewis was and still is considered a fugitive in the Eastern District of Virginia, where he was indicted on still-pending drug distribution conspiracy charges. The Assistant U.S. Attorney in the Eastern District of Virginia indicated that his office would seek the extradition of Lewis upon completion of Lewis’ sentence in this case, which, coincidentally, arose from the Marshals attempting to serve a warrant from the Eastern District of Virginia. Id. at 66. Lewis has also been arrested for drug-related offenses in Maryland and North Carolina, failing to appear in court in both cases. Due to the age of those cases and a lack of evidence so long after the arrests occurred, both cases have now been dismissed. Id. at
