UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA, v. Case No. 95-cr-298 (RCL) CLIFFORD THEOPHILUS BOGLE, Defendant. MEMORANDUM OPINION In 1996, a jury convicted defendant Clifford Theophilus Bogle of second-degree murder and other offenses related to the killing of Cordell Johnson and Mr. Bogie's subsequent shootout with police. United States v. Bogle, 114 F.3d 1271, 1272 (D.C. Cir. 1997). Mr. Bogle was sentenced to thirty-three years to life imprisonment. Now, fifty-nine-year-old Mr. Bogle moves for compassionate release pursuant to 18 U.S.C. § 3582(c)(l)(A). Def.'s Mot. to Reduce Sentence ("Def.'s Mot."), ECF No. 104, at 1. In support of his request, Mr. Bogle claims that the COVID-19 pandemic, his medical problems, and age amount to "extraordinary and compelling" circumstances justifying his release. Id. at 3-4. The government opposes Mr. Bogle's motion, arguing that Mr. Bogle has not shown he is entitled to compassionate release primarily because Mr. Bogle, who is now fully vaccinated against COVID- 19 and has received a booster shot, faces a diminished risk of serious infection or death from the virus, even considering his medical conditions. Gov't Opp'n ECF No. 105, at 15-19. Mr. Bogle, on the other hand, insists that the Bureau of Prisons ("BOP") "cannot adequately protect" him from the persistent threat of COVID-19, causing extraordinary and compelling circumstances to remain. Def.'s Mot. at 3; Def.'s Reply, ECF No. 107. Upon consideration of the parties' filings, 1 the record therein, and the applicable law, the Court will DENY Mr. Bogie's motion for compassionate release. I. BACKGROUND The events giving rise to Mr. Bogie's conviction occurred on June 8, 1995. Bogle, 114 F.3d at 1272. Three days earlier, Mr. Bogie's brother was murdered in Washington, D.C. Id. Upon learning ofhis brother's death, Mr. Bogle flew to Washington from California, where he was living after illegally reentering the United States following a prior deportation. Id.; Gov't Opp'n at 2. The Circuit explained the rest of the factual history underlying Mr. Bogie's offense as the following: On June 8 at around 2 p.m. undercover police officers heard gunshots and saw a man later identified as Cordell Johnson limping down the street and another man later identified as the [Mr. Bogle] running right behind him. Bogle shot Johnson several times; when Johnson collapsed to the ground, Bogle shot him again and continued running. The officers chased Bogle, exchanged gunfire, lost sight of him, and around 4:30 p.m. captured him. · Bogle, 114 F.3d at 1272. One officer sustained a bullet wound to the arm during the exchange. Gov't Opp'n at 2. Mr. Johnson was just eighteen years old when he was killed. Id. In March 1996, following a jury trial, Mr. Bogle was convicted of four of the six offenses for which he was indicted: second-degree murder in violation of22 D.C. Code§§ 2403 and 2404 ("Count l "), possession of a firearm during a crime of violence or dangerous offense in violation of 22 D.C. Code § 3204(b) ("Count 2"), aggravated assault on a federal …
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