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United States v. Crawford

United States District Court, M.D. North Carolina

December 5, 2019

UNITED STATES OF AMERICA
v.
ERVIN CALVIN CRAWFORD

          MEMORANDUM OPINION AND ORDER

          N. CARLTON TILLEY, JR., SENIOR UNITED STATES DISTRICT JUDGE

         This matter is before the Court on Defendant Ervin Calvin Crawford's Motion to Reduce Sentence Pursuant to 18 U.S.C. § 3582(c)(1)(A) in Light of the First Step Act, (“Compassionate Release Mot.” or “C.R. Mot.”) [Doc. #76], and Motion for Placement in Home Detention Pursuant to § 231(g) of The Second Chance Reauthorization Act of 2018 (34 U.S.C. § 60541(g)), [1] (“Home Detention Mot.” or “H.D. Mot.”) [Doc. #78], both of which the Government opposes, (see Government's Response to Defendant's Motion (“Gov't Resp.”) [Doc. #84]). For the reasons explained below, Crawford's Motions are denied.

         I.

         Crawford is currently serving a 210-month term of imprisonment as a result of a 2007 conviction for possession with intent to distribute heroin and possession of a firearm by a felon. (See J. [Doc. #24].) Crawford argues that (1) his age and medical conditions warrant compassionate release, (see C.R. Mot.), and (2) his age in addition to time served warrant release onto home detention, (see H.D. Mot.). In support of his Motions, Crawford submitted his March 13, 2019 request to the warden for compassionate release, his March 13, 2019 request to the warden for home detention, his individualized reentry plan, his Bureau of Prisons (“BOP”) 2018 medical records, photographs of his family, and work product from his time while incarcerated at the BOP. (See [Docs. #76, 78].)

         In response, the Government submitted a declaration by Carlos J. Martinez, supervisory attorney at Consolidated Legal Center in Lexington, Kentucky, where Crawford is presently incarcerated, and who has access to Crawford's medical records and is familiar with his condition. (Gov't Resp. Attach. 1. [Doc #84-1].) Martinez's declaration included (1) the BOP's March 29, 2019 response to Crawford's February 14, 2019 request, (2) a medical assessment by Myriam Melendez Rosa, M.D., clinical director at Federal Medical Center in Lexington, Kentucky, and (3) Crawford's inmate profile. (Id. Attach. 2-4. [Doc #84-2-4].) The Government also submitted Crawford's February 14, 2019 request to the warden for compassionate release. (Id. Attach. 3. [Doc #84-4].)

         II.

         A.

         Crawford submitted his BOP medical records from 2018 revealing ten clinical encounters, eight of which were office visits and two were medication renewals. (See C.R. Mot. Attach. 1 [Doc. #76-1] at 2-13.) Crawford's medical records reveal that he has Hepatitis C, Hypertension, Esophageal Reflux, Urinary Tract Infection, Osteoarthrosis, hip pain, backache, and an enlarged prostate. (Id. at 13.) He has been prescribed numerous medications, including aspirin, atorvastatin, finasteride, hydrochlorothiazide, and hydrocortisone to treat his medical conditions. (Id.)

         On January 5, 2018, [2] Crawford presented complaining of “osteoarthritis of knee” and was prescribed naproxen. (Id. at 12.) On February 5, 2018, [3] he was seen at urology, which noted that he was “last seen by Urologist on March 2017 and recommended cystoscopy with biopsy and DVIU.” (Id. at 11.) A cystoscopy with biopsy and DVIU was recommended for the second time. (Id.) On March 29, 2018, [4] Crawford's medications - aspirin for hypertension, hydro-chlorothiazide for hypertension, and ranitidine for esophageal reflux - were renewed. (Id. at 10.)

         On April 03, 2018, [5] Crawford was “brought to medical for injury assessment, inmate stated he fell on the floor at his cell was watching tv through the window, inmate alert x 3 able to state name, hometown, location, no headache, no nausea or vomiting, no muscle weakness, inmate walks with a cane. No skin wounds or laceration or abrasion. No injury or trauma found.” (Id. at 9.) A concern with Crawford's low blood pressure was noted, and his blood pressure was to be checked the next day. (Id.) Otherwise, there was “no significant findings/no apparent distress.” (Id.)

         On May 4, 2018, [6] Crawford presented for an “[e]valuation encounter” with the “chief complaint” of “urinary problem.” (Id. at 5.) A notation was made that Crawford was “being seen after having a cystoscopy yesterday, he returned to FCI Edgefield with a catheter placed. He denies pain, denies any problems urinating. Complains that when he walks the catheter is pulled by his pants, making it uncomfortable. Reports he has not had a bowel movement since returning, but he has had 3 attempts.” (Id.)

         On November 9, 2018, [7] an Inmate Intra-system Transfer report was generated for a transfer date on November 16, 2018. (Id. at 13.) The report indicated that Crawford presented for an “[e]ncounter for general adult medical exam without abnormal findings.” (Id.) His medications were listed, including aspirin, atorvastatin for cholesterol, finasteride, hydrochlorothiazide for blood pressure, and hydrocortisone acetate as a rectal suppository. (Id.) On November 14, 2018, [8] he visited the “urgent care room” after complaining of dizziness. (Id. at 8.)

         On December 10, 2018, [9] Crawford presented for a “14 Day Physician Evaluation encounter performed at Health Services” with prostate problems and explained that he underwent a prostate surgery in May 2018. (Id. at 7.) Crawford relayed a new complaint of “seeing spots during the last two months.” (Id.) A notation was made that an “optometrist evaluation” would be requested accompanied with continued monitoring. (Id.) Crawford also complained “of chronic pain, due to DDD without treatment. Due to past Hepatitis C Cymbalta discussed and he agreed to use it and get laboratories to monitor liver function.” (Id.)

         On December 11, 2018, [10] Crawford presented for a Hepatitis Clinic encounter during which clinicians were “unclear on when patient has had reported treatment.” (Id. at 6.) On December 28, 2018, [11] clinicians scheduled for January 9, 2019 new laboratory requests for A-Alpha-1-Antitryspin; S-Smooth Muscle Antibody; C-Calprotectin, fecal; F-Ferritin; H-Hep C Ab; I-Iron & TIBC; Hep A Total; and A-Antinuclear antibody for Crawford. (Id. at 3-4.)

         B.

         On February 14, 2019, Crawford submitted to Warden Quintina[12](“Warden”) a request, arguing that his “case presents extraordinary and compelling reasons” warranting compassionate release. (Gov't Resp. Attach. 3 at 5-6.) On March 7, 2019, Tyson Baize, Clinical Social Worker, sent Rosa, Clinical Director at Federal Medical Center, an e-mail asking whether Crawford met the criteria of an elderly inmate with medical conditions, criteria which he attached to the e-mail, and noting that Crawford was then sixty-six years old and had served sixty-eight percent (eleven years, eleven months, and twenty-three days) of his 210-months sentence (seventeen years and six months). (Gov't Resp. Attach. 3 at 1-3.) On March 11, 2019, Rosa responded by stating that “[a]fter reviewing [Crawford's] medical record: he does not meet any of the mentioned elderly with medical conditions.” (Id.) This was not communicated to Crawford until March 29, 2019.

         On March 13, 2019, Crawford submitted a duplicate of his February 14, 2019 request for compassionate release to Warden. (C.R. Mot. Attach. A at 7.) That same day, he also submitted a request to Warden to participate in the “elderly offender home detention program” (“EOHD”) arguing that he was sixty-six years old and had “already served far more than two thirds of [his] sentence, ” and that he would be a “low/min risk” to the community. (H.D. Mot. at 8.) Crawford further argued that home detention was appropriate, because he had not attempted to escape nor escaped from prison; home detention would provide the government with ...


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