Opinion and Order — United States v. Gregory Marcus Tackett (Dkt. 65)

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Document 65, filed December 4, 2024, in Case 1:21-cr-00015-JPJ-PMS (Case No. 1:21CR00015-001), in the U.S. District Court for the Western District of Virginia, Abingdon Division: an Opinion and Order by Judge James P. Jones in United States of America v. Gregory Marcus Tackett. The court addresses Tackett's motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A), which rests on his grandfather's health. It states that Tackett was sentenced on July 27, 2021, to a total of 108 months of imprisonment, finds that he has not presented evidence such as medical records or affidavits or shown he is the only available caregiver, and finds that the § 3553(a) factors would weigh against relief. The order denies the motion.

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Case 1:21-cr-00015-JPJ-PMS Document65- Filed 12/04/24 Pagelof4
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CLERKS OFFICE U.S. DIST. COURT
IN THE UNITED STATES DISTRICT COURT AT ABINGDON, VA

FOR THE WESTERN DISTRICT OF VIRGINIA tee

ABINGDON DIVISION 12/4/2024
LAURA A. AUSTIN, CLERK

BY: s/ FELICIA CLARK

UNITED STATES OF AMERICA DEPUTY CLERK

Case No. 1:21CR00015-001
OPINION AND ORDER

V.

GREGORY MARCUS TACKETT, JUDGE JAMES P. JONES

Defendant.
Lena L. Busscher, Assistant United States Attorney, Abingdon, Virginia, for
United States; Nancy Dickenson-Vicars, Assistant Federal Public Defender,
Abingdon, Virginia, for Defendant.
Gregory Marcus Tackett, a federal inmate sentenced by this Court, has filed
a motion for compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A). He
contends that the health issues of his grandfather require his release. For the reasons
that follow, his motion will be denied. !
I.
The governing statute provides that a sentence may be reduced if

“extraordinary and compelling reasons warrant such a reduction” and if the

reduction “is consistent with applicable policy statements issued by the Sentencing

' Tackett filed his motion without the assistance of an attorney, and the court then
appointed the Federal Public Defender to represent him. The Federal Public Defender has
advised the Court that no supplemental motion will be filed. No reply to the government’s
response in opposition has been timely filed and the motion is thus now ripe for
determination.
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Commission.” 18 U.S.C. § 3582(c)(1)(A). The Sentencing Commission has
adopted such policy statements. U.S. Sent’g Guidelines Manual (USSG) § 1B1.13
(U.S. Sent’g Comm’n 2024). But even if the court finds an extraordinary and
compelling reason for reduction, the court must consider the applicable 18 U.S.C. §
3553(a) factors. United States v. Kibble, 992 F.3d 326, 331 (4th Cir. 2021). A
defendant seeking compassionate release has the burden of establishing that it is
warranted. United States v. Bryant, No. 3:04-cr-00047, 2024 WL 1070613, at *3
(W.D. Va. Mar. 12, 2024).
Il.

Tackett was sentenced by this court on July 27, 2021, for conspiracy to
defraud the United States, in violation of 18 U.S.C. § 371; conspiracy to commit
mail fraud in connection with a presidentially declared major disaster or emergency,
in violation of 18 U.S.C. §§ 1349 and 1341; aggravated identity theft, in violation of
18 U.S.C. § 1028A; and obstructing justice, in violation of 18 U.S.C. § 1512(c).
Tackett was sentenced to a total of 108 months of imprisonment, with a sentence of
84 months to run concurrently on Counts One, Two, and Four, and a sentence of 24
months on Count Three to be served consecutively to the other three. J., ECF No.
39. Tackett is 32 years old. His current release date is January 7, 2031.

Section 1B1.13 provides that a sentence reduction may be permitted by

“extraordinary and compelling” reasons under § 3582(c)(1)(A). These
Case 1:21-cr-00015-JPJ-PMS Document65- Filed 12/04/24 Page3of4

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extraordinary and compelling reasons include the incapacitation of an “immediate
family member or an individual whose relationship with the defendant is similar in
kind to that of an immediate family member, when the defendant would be the only
available caregiver for such family member or individual.” § 1B1.13(b)(3)(D). A
defendant’s grandfather is included in the definition of an immediate family
member. /d.

However, Tackett has not made the requisite showing to be eligible under
Section 1B1.13(b). He does allege that his grandfather has liver cancer and is
suffering from heart problems. He also states that his grandmother passed away
from cancer in May 2023 while he was serving this sentence. However, Tackett has
not presented any evidence of his grandfather’s hardship, such as medical records or
affidavits. USSG § 1B1.13(b)(3)(D); see United States v. Castle, No. 2:15-CR-
00190-KJM-DB-2, 2024 WL 3429668, at *2 (E.D. Cal. July 16, 2024) (finding
persuasive the Bureau of Prison’s program statement regarding compassionate
release defining “incapacitation” to mean “completely disabled,” “cannot carry on

99 66

any self-care,” “totally confined to a bed or chair” or has a severe cognitive deficit
severely affecting the individual’s mental capacity or function).

In addition, Tackett alleges that his grandfather does not have anyone else

who will take care of him. While Tackett stated that his grandmother passed away,
Case 1:21-cr-00015-JPJ-PMS Document65- Filed 12/04/24 Page4of4
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he must also show that he is his grandfather’s “only available caregiver.” USSG §
1B1.13(b)(3)(D).

The government argues that, even if Tackett has made the requisite showing
of an extraordinary and compelling reason, he cannot show that his release would
not pose “a danger to the safety of any other person or to the community” as required
by Section 1B1.13(a)(2). Tackett contends that his prison history shows that he is
not a threat and has held a job the entire time he has been imprisoned. While the
rehabilitation of a defendant is not in and of itself an extraordinary and compelling
reason, it may be considered in connection with other circumstances. USSG §
1B1.13(d). For the reasons offered by the government in its response, I find that
even if that ground were sufficient, a consideration of the § 3553(a) factors would
convince me not to grant relief. One of those factors is the defendant’s history and
characteristics, which in this case includes convictions for assault, grand larceny,
conspiracy to commit grand larceny, distribution of Schedule I or II drugs (heroin),
and other drug distribution convictions. PSR 4] 312-19, ECF No. 35.

IV.

Accordingly, it is ORDERED that the defendant’s motion, ECF No. 53, is
DENIED.

ENTER: December 4, 2024

/s/_ JAMES P. JONES
Senior United States District Judge


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