UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE

United States of America,

v. Case No. 18-cr-5-SM-1 Opinion No.

Brian R. Sanborn

O R D E R

Defendant moves for compassionate release (

(c)(1)(A)), arguing that his medical condition (diabetes)

and inadequate medical care provide the necessary “extraordinary

and compelling” reasons supporting sentence reduction under

Section 3582.

Defendant was sentenced to 102 months of incarceration for

possession with intent to distribute 5 grams or more of the

controlled substance methamphetamine. Defendant pled guilty

pursuant to a negotiated plea agreement under Federal Rule of

Criminal Procedure 11(c)(1)(C). Three counts of the indictment

were dismissed as part of the agreement. Defendant’s criminal

history is extensive, scoring out at Level VI.

Even assuming that defendant’s medical condition and his

dissatisfaction with the medical care he is receiving while

incarcerated qualified as “extraordinary and compelling reasons”

supporting sentence relief, the serious nature of the offense of

conviction and the recidivist risks established by defendant’s

criminal history preclude that relief. Defendant poses a serious danger to the safety of others and the community. See

U.S.S.G. § 1B1.13(a)(2); United States v. Truman, No. 1:17-CR-

00073,

(D. Me. Nov. 19, 2020). And, early

release in this case would not be consistent with the sentencing

factors set out in

. Defendant’s criminal

conduct was serious, his sentence was below the Guideline

recommendation, other charges were dismissed, and any further

reduction on the grounds he posits would not serve the interests

of imposing a just punishment or fostering both general and

individual deterrence, United States v. Chambliss,

(5th Cir. 2020).

Conclusion

The motion for early release (doc. no. 39) under

, is denied.

SO ORDERED.

____________________________ Steven J. McAuliffe United States District Judge

January 30, 2025

cc: Counsel of Record U.S. Probation U.S. Marshal

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