    1    IN THE UNITED STATES DISTRICT COURT  FOR THE DISTRICT OF MARYLAND   UNITED STATES OF AMERICA  *    *  v.  *    Crim. No. CCB-11-569    *  DANILO GARCIA  *    *  * * * * * * * * * * * * * * * * * * * * * * * * * * *   MEMORANDUM  Danilo Garcia is a fifty-one-year-old Dominican national and federal prisoner serving a 151-  month sentence for heroin distribution. Now pending is Garcia’s motion for compassionate release  pursuant to 18 U.S.C. § 3582(c)(1)(A). (ECFs 905, 909). Garcia seeks relief based on underlying  health conditions making him particularly susceptible to serious illness related to COVID-19. The  government opposes the motion, (ECF 915), and Garcia has replied (ECF 916). For the reasons  explained below, the motion will be granted, and Garcia’s sentence will be reduced to time served.  BACKGROUND    In October 2012, a jury convicted Garcia of one count of conspiracy to distribute and possess  with intent to distribute one kilogram or more of heroin, in violation of 21 U.S.C. § 846, as well as  four counts of possession with intent to distribute heroin, in violation of 21 U.S.C. ¶ 841. (SeeECF  314, Superseding Indictment, at 1-3, 69; ECF 418, First Jury Verdict). On appeal, the Fourth Circuit  found that there were inadequate safeguards to protect the jury from conflating a Government  witness’s testimony as an expert and fact witness, vacated the judgment and remanded the case.See  United States v. Garcia, 752 F.3d 382 (4th Cir. 2014). In October 2015, a second trial resulted in a  jury conviction of Garcia to one count of conspiracy to distribute and possess with intent to distribute  one kilogram or more of heroin, in violation of 21 U.S.C. § 846, as well as four counts of possession  with intent to distribute heroin, in violation of 21 U.S.C. § 841. (SeeECF 780, Second Jury Verdict).  The evidence at Garcia’s second trial established that Garcia was a member of a heroin trafficking  Case 1:11-cr-00569-CCB Document 924 Filed 10/15/21 Page 1 of 6