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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

Case No. 15-20283

v.

Hon. George Caram Steeh

BORIS ZIGMOND,

Defendant.

____________________________/

ORDER DENYING RENEWED MOTION

FOR COMPASSIONATE RELEASE (ECF NO. 453)

Defendant Boris Zigmond has filed a renewed motion for a sentence 

reduction, or compassionate release, pursuant to 18 U.S.C. § 3582(c). The 

court denied his first motion on April 14, 2021, finding that the 18 U.S.C. 

§ 3553(a) factors did not support a sentence reduction. Zigmond filed a 

notice of appeal, but the Sixth Circuit dismissed the appeal for want of 

prosecution on July 7, 2021. 

In his renewed motion, Zigmond contends that his health conditions 

and the COVID-19 pandemic warrant a sentence reduction. Zigmond 

asserts that his medical conditions are worsening in the prison 

environment, he is unable to be vaccinated due to an allergy, and the court 

should consider placing him in home confinement. His renewed motion is 

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essentially an untimely motion for reconsideration, raising issues that were 

or should have been raised in the first instance. See L.R. 7.1(h). Aside from 

this procedural barrier, reconsideration is not appropriate on the merits.

The court has the discretion to grant a sentence reduction under 18 

U.S.C. § 3582(c) if “extraordinary and compelling reasons” and the 

sentencing factors set forth in 18 U.S.C. § 3553(a) support compassionate 

release. See United States v. Elias, 984 F.3d 516, 518 (6th Cir. 2021). The 

court initially determined that Zigmond’s health conditions, coupled with the 

pandemic, satisfied that “extraordinary and compelling” prong. ECF No. 

434. Since then, Zigmond asserts that his health has worsened and that he 

is unable to be vaccinated due to an allergy.1 Assuming these claims to be 

true, they merely reinforce the court’s previous determination that there is 

an extraordinary and compelling basis to consider a sentence reduction, 

which has not changed. Id.

To grant a sentence reduction, the court must also find that the 

§ 3553 factors support compassionate release. The court previously 

determined that this requirement was not met:

At Zigmond’s sentencing approximately three years ago, 

the court determined that the seriousness and magnitude 

of his offense, his criminal history, and the need for general 

1 Zigmond asserts that he received the first dose of the vaccine in early 2021 and had an allergic reaction 

due to a previously unknown allergy to polyethylene glycol, although he has not provided documentation 

of this incident.

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and specific deterrence militated in favor of a substantial 

sentence. A reduction to time served, in light of his lengthy 

remaining sentence, would not be consistent with these 

considerations. Moreover, Zigmond has already received a 

below-guidelines sentence; any further reduction would not 

constitute a just punishment or align with the other § 3553 

factors, including the need to promote respect for the law. 

The court’s original assessment of the § 3553 factors 

remains accurate and precludes a sentence reduction 

here.

ECF No. 434 at PageID 4735.

Zigmond suggests that the court has alternatives to reducing his

sentence to time served, such as reducing his sentence to ten years

(making him eligible for home confinement granted by the Bureau of

Prisons) or ordering a term of supervised release to be served in home 

detention. Before considering the type of relief to grant, however, the court

must first determine that relief is warranted. The consideration of these

alternative forms of relief do not alter the court’s conclusion that the

§ 3553(a) factors do not weigh in favor of granting a sentence reduction.

Because the court’s analysis of the § 3553(a) factors has not

changed, and because those factors do not favor a sentence reduction, IT

IS HEREBY ORDERED that Zigmond’s renewed motion for compassionate

release is DENIED. 

Dated: January 13, 2022 s/George Caram Steeh 

George Caram Steeh

United States District Judge

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CERTIFICATE OF SERVICE

Copies of this Order were served upon attorneys of record on

January 13, 2022, by electronic and/or ordinary mail and also 

on Boris Zigmond #07790104, Miami FCI, Inmate 

Mail/Parcels, P.O. Box 779800, Miami, FL 33177.

s/Brianna Sauve

Deputy Clerk

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