UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

SOUTH BEND DIVISION

UNITED STATES OF AMERICA

v. Case No. 3:16-CR-043 JD

JAMES JOHNSON

OPINION AND ORDER

Defendant James Johnson is serving a 120-month term of imprisonment on his conviction 

for possessing stolen firearms. He is housed at Milan FCI and he is currently set to be released in 

March 2024. On December 18, 2020, Mr. Johnson filed a motion seeking compassionate release 

or home confinement due to the threat of the COVID-19 virus. [DE 44]. The Court referred his 

motion to the Federal Community Defenders Office, which determined that it is unable to assist 

Mr. Johnson. [DE 45, 46]. Therefore, the Court will consider Mr. Johnson’s own submission. 

The government responded in opposition. [DE 48].

A court generally cannot modify a sentence once the sentence has been imposed. 18 

U.S.C. § 3582(c). However, an exception to that general rule allows a court to modify a sentence, 

after considering the factors under § 3553(a), if “extraordinary and compelling reasons warrant 

such a reduction,” the reduction is consistent with policy statements issued by the Sentencing 

Commissions, and the defendant has submitted such a request to the warden at least 30 days 

before filing a motion or has fully exhausted all administrative rights within the Bureau of 

Prisons. 18 U.S.C. § 3582(c)(1)(A). The application notes to the Sentencing Guidelines offer 

some examples of when extraordinary and compelling reasons may be present. Those include 

when the defendant is suffering from a terminal illness or is suffering from a serious physical or 

medical condition that substantially diminishes his ability to provide self-care within the prison. 

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U.S.S.G. § 1B1.13 n.1. Because Mr. Johnson submitted a request to the Warden at least 30 days 

before filing his motion with the Court, pursuant to § 3582(c)(1)(A), which the Warden denied 

[DE 44-1 at 17–18], the Court reviews the merits of the motion. 

First, the Court does not find that extraordinary and compelling reasons warrant 

compassionate release, home confinement, or a reduction in sentence here. In the context of the 

COVID-19 pandemic, “§ 3582(c)(1)(A) contemplates a sentence reduction for specific 

individuals based on the individuals’ particular circumstances of where he is housed and his 

personal health conditions.” United States v. Council, 2020 WL 3097461, at *5 (N.D. Ind. June 

11, 2020); see also United States v. Melgarejo, 2020 WL 2395982, at *3 (C.D. Ill. May 12,

2020). In determining whether there is an extraordinary and compelling reason to modify a term 

of imprisonment, the Court may consider (1) the specificity of the defendant’s COVID-19 

concerns, (2) whether the defendant has a medical condition that makes him especially 

susceptible to the dangers of COVID-19, (3) the age of the defendant, and (4) the extent that the 

defendant’s release would mitigate or aggravate the COVID-19 pandemic. See Council, 2020 

WL 3097461, at *5–7; United States v. Barrett, 2020 WL 3264112, at *3 (N.D. Ind. June 17, 

2020); see also United States v. Davis, 2020 WL 1951652, at *1–2 (N.D. Ind. Apr. 23, 2020) 

(applying similar factors to consider whether there was a “compelling reason” for pretrial release 

due to the COVID-19 pandemic).

Mr. Johnson is currently 28 years old. According to his motion, Mr. Johnson argues he is 

at risk for severe illness if he contracts COVID-19 because he had childhood asthma, is currently 

obese, and was a lifetime tobacco user. [DE 44 at 2]. The Centers for Disease Control (“CDC”) 

reports that the risk of severe illness from COVID-19 increases with age, and that while the 

greatest risk of severe illness is among those aged 85 or older, adults aged 65 and older have 

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increased risk. Mr. Johnson is far from this age range. The CDC has also included moderate to 

severe asthma among conditions that “might” be at an increased risk for severe illness from 

COVID-19.

1 This is differentiated from the CDC’s list of conditions that are known to create an 

increased risk for severe illness. Mr. Johnson did not submit any medical records to support his 

motion but indicated that he had requested them from the BOP on November 23, 2020. [DE 44-1 

at 7]. Based on his motion, Mr. Johnson is not currently suffering from asthma and he does not 

need an inhaler or any medication to control it, however he is concerned it will reoccur if 

infected with the virus. In July 2016, Mr. Johnson did not report any health issues at his 

sentencing other than prior gunshot wounds, as stated in the Presentence Investigation Report

(“PSR”). [DE 13 ¶ 64]. Mr. Johnson states that he is obese with a BMI of over 30, but again, he 

has not submitted medical evidence to substantiate this claim. The CDC does list obesity (BMI 

between 30 and 40) as a condition that can increase one’s risk for severe illness and overweight 

(BMI between 25 and 30) as a condition that might increase one’s risk for severe illness. While it 

was over four years ago, the PSR described Mr. Johnson as 5’6” tall, weighing 140 pounds, 

which does not qualify as obese. [DE 13 ¶ 64]. Mr. Johnson has not submitted any contradicting 

evidence to this information. Mr. Johnson also asserts he was a lifetime smoker. While the CDC 

has listed being a former smoker as a condition that can increase the risk for severe illness, it 

does not constitute an extraordinary and compelling circumstance for Mr. Johnson’s release. 

Lastly, the BOP has reported that it is in the process of distributing and administering the 

COVID-19 vaccine to staff and inmates under the guidance of the CDC. Based on weekly 

1 See People with Certain Medical Conditions, Centers for Disease Control and Prevention, 

https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/people-with-medicalconditions.html?CDC_AA_refVal=https%3A%2F%2Fwww.cdc.gov%2Fcoronavirus%2F2019-ncov%2Fneedextra-precautions%2Fgroups-at-higher-risk.html, (last updated Feb. 1, 2021). 

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allocations of vaccines, all of the BOP’s facilities are expected to receive their first dose by midFebruary 2021.2 There is no other indication that Mr. Johnson is at an increased risk of severe 

illness if infected with COVID-19. 

The BOP’s records have Milan FCI currently reporting 14 inmates and 4 staff members 

testing positive for COVID-19.3 Tragically, there have been three inmate deaths at the facility. 

Though Mr. Johnson criticizes the way his facility has handled the virus, the BOP has 

implemented several precautions to help mitigate the spread. Of course, these precautions cannot 

guarantee that the number of positive inmates will not increase in the prison, and some prisons 

have experienced outbreaks despite those precautions, particularly as cases increased throughout 

the country. The risk of transmission is not confined to prison settings, either, and there is no 

guarantee that Mr. Johnson would not contract the virus if released. Thus, given all of these 

circumstances, the Court cannot find that extraordinary and compelling reasons warrant 

compassionate release or a sentence reduction. Section 3582(c) provides the only mechanism for 

modifying Mr. Johnson’s sentence to home confinement since the Court cannot control the 

BOP’s placement decisions, and because he is not entitled to relief under that provision, the 

Court cannot grant that request.

Second, even if the above facts qualified as extraordinary and compelling reasons, the 

Court would still deny the motion based on its consideration of the § 3553(a) factors. First, in 

support of his motion, Mr. Johnson asserts that he has avoided any major disciplinary infraction, 

maintained employment, completed three vocational training classes, and is currently enrolled in 

2 See COVID-19 Vaccination Efforts Commended, Federal Bureau of Prison, 

https://www.bop.gov/resources/news/20210116_covid_vaccine_efforts_commended.jsp, (last updated Jan. 16, 

2021). As of February 3, 2021, the BOP has received 36,285 doses and administered 32,879 doses of the COVID-19 

vaccine. 3 See Covid-19 Coronavirus, Federal Bureau of Prison, https://www.bop.gov/coronavirus/, (last updated Feb. 3, 

2020).

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Automotive Vocational Technology, while maintaining employment at UNICOR Prison 

Industries. [DE 44-1 at 9–15]. He also stated that while incarcerated, he has developed a major 

amount of patience, perseverance, and discipline. Mr. Johnson is to be commended for these 

accomplishments, which reflect well on his desire to improve his life upon his release. As 

positive as these factors are, however, there are several serious § 3553(a) factors that weigh 

against Mr. Johnson’s release. The nature and circumstances of his instant offense was serious, 

involving his involvement in a gun shop burglary in which 19 firearms were taken and only four

were recovered. Mr. Johnson has a very serious and extensive criminal history, including three 

convictions in state court for prior burglaries and could have also been charged in state court 

with burglary from the offense in this matter. Additionally, Mr. Johnson has a history of noncompliance with court ordered conditions of release, including three probation violations. Under 

those circumstances, the Court does not find that the § 3553(a) factors support Mr. Johnson’s

compassionate release to home confinement or a reduction in sentence.

For those reasons, the Court DENIES Mr. Johnson’s motion for compassionate release to 

home confinement or reduction in sentence. [DE 44].

SO ORDERED.

ENTERED: February 4, 2021

 /s/ JON E. DEGUILIO

Chief Judge

United States District Court

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