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U.S. v. Christopher

Ailments, Risk of Covid-19 Not Shown Compelling Reason Warranting Sentence Reduction

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MEMORANDUM OPINION AND ORDER Kevin Christopher moves for compassionate release under 18 U.S.C. §3582(c)(1)(A)(i) on the grounds that he has a serious physical or medical condition, is at increased risk of severe illness should he contract the COVID-19 virus, and the pandemic has rendered Mr. Christopher’s incarceration harsher than would have otherwise been the case. (Doc. 45, “Mtn.”; Doc. 52, “Supp. Mtn.”). Mr. Christopher is currently serving a 33-month sentence at FCI Danbury (“Danbury”), a low-security federal correctional institution, after having been convicted of wire fraud on October 27, 2021, following his guilty plea pursuant to a plea agreement. The Court concludes that a reduction in Mr. Christopher’s sentence is neither “consistent with the applicable policy statements issued by the Sentencing Commission,” 18 U.S.C. §3582(c)(1)(A)(i), nor supported by the “factors set forth in section 3553(a),” id. §3582(c)(1)(A). The motion is, accordingly, DENIED. BACKGROUND1 Mr. Christopher went on an eighteen-month shopping spree with $469,411.02 of a hospital’s payroll account. He siphoned off those payroll funds and paid off enormous credit card bills, causing fraudulent transfers to nearly a dozen financial institutions and retailers; withdrew large amounts of cash; and spent thousands of dollars on dental services, all undetected until the hospital audited its accounts. (PSR

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