Order Denying Motion for Compassionate Release — United States v. Daymi Arias Bofill (Document 41)

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An order of the U.S. District Court for the Southern District of Florida in United States v. Daymi Arias Bofill, Case No. 18-20562-CR-COOKE, entered as Document 41, denying the defendant's motion for compassionate release under 18 U.S.C. §3582(c)(1)(A)(i) (ECF No. 31), which the United States opposed (ECF No. 37). The order recites that Arias Bofill pled guilty to conspiracy to commit health care fraud, siphoned approximately $4.6M of Medicare funds, was sentenced on January 9, 2018 and is serving a 46-month sentence, and on June 23, 2020 asked to serve the remainder on home confinement because high blood pressure, tachycardia and hypothyroidism raise her risk from COVID-19. Citing the First Step Act's standard of extraordinary and compelling circumstances, the court denies the motion, done and ordered in chambers at Miami, Florida on the 6th day of July 2020.

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Case 1:18-cr-20562-MGC Document 41 Entered on FLSD Docket 07/07/2020 Page 1 of 3




                          UNITED STATES DISTRICT COURT
                          SOUTHERN DISTRICT OF FLORIDA

                              Case No. 18-20562-CR-COOKE

     UNITED STATES OF AMERICA,

     vs.

     DAYMI ARIAS BOFILL,

           Defendant.
     ________________________________________/

             ORDER DENYING MOTION FOR COMPASSIONATE RELEASE
                     PURUSANT TO 18 U.S.C. §3582(c)(1)(A)(i)

             THIS MATTER is before me on Defendant’s Motion for Compassionate
     Release Pursuant to 18 U.S.C. §3582(c)(1)(A)(i). (ECF No. 31). The United States
     opposes the requested relief (ECF No. 37). For the reasons discussed below, the
     Motion is DENIED.
             The Defendant pled guilty to conspiracy to commit health care fraud on
     September 26, 2028. ECF No. 14. The Defendant siphoned approximately $4.6M
     of Medicare funds over the course of her fraudulent scheme. The Defendant, who
     was sentenced on January 9, 2018, is currently serving a 46-month sentence. ECF
     No. 30. On June 23, 2020, the Defendant filed this motion, seeking compassionate
     release and asking to serve the remainder of her sentence on home confinement. The
     Defendant contends that COVID-19 presents a higher risk to her because she has
     suffered from “high blood pressure, tachycardia, and hypothyroidism.” ECF No. 31
     at 1.
             The First Step Act provides district courts with the authority to reduce a
     defendant’s sentence based on extraordinary and compelling circumstances.      18
     U.S.C. § 3582(c)(1)(A)(i).    In addition, the Sentencing Commission’s policy
     statements, applicable to motions for reduction of imprisonment sentences pursuant
     to 18 U.S.C. § 3582(c)(1)(A), define “extraordinary and compelling reasons” in
     Section 1B1.13 of the Sentencing Guidelines. According to the accompanying notes
Case 1:18-cr-20562-MGC Document 41 Entered on FLSD Docket 07/07/2020 Page 2 of 3



     of the Guidelines, extraordinary and compelling reasons exist where Defendant’s
     medical condition “substantially diminishes [his] ability…to provide self-care within
     the environment of a correctional facility...” U.S.S.G. 1B1.13 comment n.1(A)(i)-
     (ii). Having reviewed Defendant’s Motion, the Government’s Opposition, and the
     record, I find no extraordinary and compelling reasons to grant Defendant’s
     Motion.1
             Although the Defendant alleges that she suffers high blood pressure,
     tachycardia and hypothyroidism,2 the record does not support a finding that the she
     is “suffering from a serious physical or medical condition that substantially
     diminishes” her “ability to provide self-care with the environment of a correctional
     facility.”   U.S.S.G. 1B1.13 comment n.1(A)(i)-(ii).                 Rather, the medical records
     indicate that the Bureau of Prisons is providing appropriate medical care to address
     the Defendant’s conditions. See ECF No. 40.
             In addition, the § 3553 factors militate against a sentence reduction here. The
     Defendant was convicted of health care fraud—a serious offense. Health care fraud
     is rampant in this district and this Defendant has served just over a third of her
     sentence. The Defendant’s fraudulent conduct led to the loss of over $4M from the
     Medicare program. Medicare funds are intended for the health care of the most
     vulnerable in our society. In fact, the present pandemic indicates the precious need
     for health care dollars for equipment, medicine, and care. An early release from
     incarceration for this Defendant discounts the serious nature of her offense and the
     harm this type of crimes does to the South Florida community.                         See 18 U.S.C. §
     3553(a)(2)(A). Moreover, as noted above, the Defendant has served only a small
     portion of her sentence.



     1
       I am mindful that the United States in other similar cases has maintained that the Bureau of Prisons,
     pursuant to 18 U.S.C. § 3582(c), must first address such requests before a defendant may request relief
     from the Court. I do not find that argument persuasive. “Instead, the exhaustion requirement in §
     3582(c)(1)(A) merely controls who -- the BOP or defendant -- may move for compassionate release
     and when such a motion may be made.” United States v. Haney, No.19-00541, 2020 WL 1821988, at
     *2 (S.D.N.Y April 13, 2020). In any event, The Bureau of Prisons denied the Defendant’s request for
     compassionate release on June 1, 2020 and this motion was filed on June10, 2020.
     2
       The Defendant also submitted health records which are sealed. See ECF No. 40. These records do
     not indicate that any of the Defendant’s health conditions diminishes her ability to care for herself in a
     penal environment.
Case 1:18-cr-20562-MGC Document 41 Entered on FLSD Docket 07/07/2020 Page 3 of 3



             One of the objectives of § 3553 is to deter criminal conduct. Permitting this
     Defendant’s release from custody after such a short period of incarceration does not
     promote respect for the law or afford adequate deterrence for this type of extensive
     criminal conduct.
             I recognize that the COVID-19 pandemic affects incarcerated inmates,
     maybe at a greater rate than other members of society. However, the existence of the
     virus alone does not render Defendant’s circumstances compelling.
             Accordingly, it is ORDERED and ADJUDGED that Defendant’s Motion (ECF

     No. 31) is DENIED.

             DONE and ORDERED in chambers at Miami, Florida, this 6th day of July

     2020.




     Copies furnished to:
     Counsel of Record


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