United States v. High, No. 20-7350 (4th Cir. 2021)Annotate this Case
About a year after High was released from state prison, where he had served 20 years for murder, he began trafficking in illegal drugs. In 2017-2018, he distributed at least 168 grams of crack cocaine, 6.61 grams of marijuana, and 10,325 grams of cocaine powder. He pleaded guilty to distributing crack cocaine and possession of a firearm in furtherance of a drug-trafficking crime and was sentenced to 84 months’ imprisonment, which represented a downward departure under U.S.S.G. 5K1.1 of over 60 months based on "substantial assistance." In May 2020, 16 months after his sentencing, High (age 42) sought compassionate release under 18 U.S.C. 3582(c)(1)(A). He cited as “extraordinary and compelling reasons” the Covid-19 pandemic confronting the prison system and argued that he is not a danger to the community. High had been diagnosed with cardiovascular conditions. The government noted the absence of any infection at the institution where he was confined.
The Fourth Circuit affirmed the denial of relief. The district court did not abuse its discretion in declining to reduce High’s term of imprisonment by approximately two-thirds, based on its consideration of the 18 U.S.C. 3553(a) factors. The court was aware of the arguments, considered the relevant sentencing factors, and had an “intuitive reason” for adhering to what was already a below-Guidelines sentence; its explanation for denying High’s motion for compassionate release was adequate.