KEARNEY, J.

MEMORANDUM KEARNEY, J.

After serving approximately fifteen percent of his sentence imposed less than nine months ago, thirty-six-year-old David Torres moves for early release to home confinement or, alternatively, compassionate release from his jail sentence we imposed last November after he pleaded guilty to possession with intent to deliver 500 grams or more of cocaine. He argues extraordinary and compelling reasons exist because he has asthma and faces a heightened risk of contracting COVID-19 in Federal Correctional Institute Coleman-Low in Sumterville, Florida. He offers no other grounds for release. He suffers from asthma, but he does not present the level of health concern necessary for compassionate release or argue another basis for release. We lack the ability to review early release to home confinement under the CARES Act. We deny his motion for compassionate release as he does not present extraordinary and compelling reasons.

I. Facts

In late September and early October 2013, federal agents began investigating David Torres and others. One co-conspirator set up a meeting with a potential customer in Philadelphia for the purchase of cocaine. At the meeting, Mr. Torres presented the potential buyer with two kilograms of cocaine for inspection, informing the buyer of the cocaine's high quality. When the buyer indicated he needed to obtain cash for the purchase, Mr. Torres and his co-conspirators left the meeting place in a car still in possession of the cocaine. Agents attempted to stop the car driven by Mr. Torres who fled the area at a high rate of speed. Pursuing agents could not catch up to the car and ended the pursuit. Agents never recovered the cocaine. In September 2018, the United States indicted Mr. Torres for his role in the possession of cocaine in 2013. In November 2018, Drug Enforcement Agency agents arrested Mr. Torres under a federal arrest warrant after being observed leaving a premises and entering a car where agents recovered $10,000 in cash.

Mr. Torres pleaded guilty on July 12, 2019. On November 1, 2019, we sentenced Mr. Torres to a term of sixty-three months imprisonment followed by five years of supervised release after he pleaded guilty to one count of possession with intent to distribute 500 grams or more of cocaine.

He is now serving his sentence at Federal Correctional Institute Coleman-Low in Sumterville, Florida. The Bureau of Prisons calculated Mr. Torres had completed 14.9% of the sentence as of March 13, 2020.

A. Mr. Torres's present health condition.

Mr. Torres contends he suffers from long-term severe asthma putting him at a higher risk of serious illness or death if he contracts COVID-19 while incarcerated. We ordered his counsel to produce the medical records and our review confirms:

• A January 21, 2020 health screening noted a history of asthma and a prescription for an Albuterol inhaler with the direction: "Don't use daily. Inhale 2 puffs by mouth 4 times a day as needed to prevent/relieve asthma attack (inhaler to last 90 days. If need more, make sick call) PRN x 180 day(s)"

• A February 3, 2020 clinical encounter notes: "Asthma: currently doing, well, denies [shortness of breath], no cough, no past hospitalization, no intubation. Using MDI as needed it." On examination, Mr. Torres's pulmonary function is found "within normal limits" with lung sounds "clear to auscultation" and no "rhonchi, wheezing, inspiratory-wheezing, [or] expiratory-wheezing." The examining physician renewed Mr. Torres's Albuterol prescription and counseled him to follow up with a sick call or chronic care clinic as needed.

• A February 11, 2020 chest x-ray is within normal limits and the lungs are clear.

Mr. Torres contends he uses his Albuterol inhaler four times a day. The Bureau of Prisons supplied Mr. Torres an Albuterol rescue inhaler on July 15, 2019. Per the prescription, the rescue inhaler contained enough medication to last for ninety days if used four times daily. There is no record of Mr. Torres receiving another Albuterol prescription until seven months later, on February 3, 2020, suggesting Mr. Torres did not have the need for a sick call for more Albuterol despite the directive he should do so in such a case. There is no record of sick visits or chronic care clinic visits after February 3, 2020 or further testing after February 11, 2020.

In addition to asthma, Mr. Torres suffers from dental issues, osteoarthritis of the knee, "pain in unspecified limb," and an injury of the foot with unspecified decreased range of motion and atrophy from earlier gunshot wounds. Mr. Torres had a prescription for Amitriptyline for pain as needed, but as of February 3, 2020, he refused to take the medication in favor of over-the-counter pain medication. Mr. Torres is also diagnosed with "cannabis use disorder, severe" and a history of withdrawal symptoms to opiates (oxycodone) and marijuana.

B. Mr. Torres's plan if granted release to home confinement.

If released to home confinement, Mr. Torres plans to return to his home in Malabar, Florida to live with his domestic partner of thirteen years and their three young children. Mr. Torres plans to find employment, complete his GED and drug treatment. Mr. Torres is skilled in construction work, with a carpentry certification earned in 1998 and experience in tile installation, renovations, and wood framing.

C. COVID-19 affecting persons held in prisons.

Mr. Torres is correct about the COVID-19's effect on persons serving sentences in prisons. The new, or novel, "coronavirus disease 2019," known as COVID-19, is a respiratory disease spreading through respiratory droplets produced when an infectious person, even those who are asymptomatic, talks, coughs, or sneezes. "Spread is more likely when people are in close contact with one another (within about 6 feet)." COVID-19 spreads "easily and sustainably in the community ("community spread") in many affected geographic areas. Community spread means people have been infected with the virus in an area, including some who are not sure how or where they became infected."

COVID-19, which has now spread throughout the world, poses a serious global public health risk. As of June 26, 2020, the Centers for Disease Control and Prevention reported a total of 2,374,282 cases of COVID-19 in the United States with 121,809 total deaths caused by the virus. People of any age with the following conditions are at increased risk of severe illness from COVID-19 : chronic kidney disease; COPD (chronic obstructive pulmonary disease); immunocompromised state (weakened immune system) from solid organ transplant; obesity (body mass index [BMI] of 30 or higher); serious heart conditions, such as heart failure, coronary artery disease, or cardiomyopathies; Sickle cell disease; and Type 2 diabetes mellitus. People of any age with the following conditions might be at an increased risk for severe illness from COVID-19 : asthma (moderate-to-severe); cerebrovascular disease (affects blood vessels and blood supply to the brain); cystic fibrosis; hypertension or high blood pressure; immunocompromised state (weakened immune system) from blood or bone marrow transplant, immune deficiencies, HIV, use of corticosteroids, or use of other immune weakening medicines; neurologic conditions, such as dementia; liver disease; pregnancy; pulmonary fibrosis (having damaged or scarred lung tissues); smoking; Thalassemia (a type of blood disorder); and Type 1 diabetes mellitus.

Correctional and detention facilities "present unique challenges for control of COVID-19 transmission among incarcerated/detained persons [and] staff[.]" Even people without symptoms can infect others. While we hope most socially distance from each other to avoid community spread, incarcerated persons cannot follow the Center for Disease Control's guidelines to mitigate the spread of the virus and face a heightened risk of contagion. According to public health experts, incarcerated individuals "are at special risk of infection, given their living situations," and "may also be less able to participate in proactive measures to keep themselves safe;" "infection control is challenging in these settings."

As of June 16, 2020, the five largest known clusters of COVID-19 in this country grew inside correctional institutions. In the last month, the number of known infected incarcerated people doubled and prison deaths increased by seventy-three percent. Testing remains of paramount importance, as one in seven virus tests conducted on incarcerated people have come back positive, and the vast majority of positive people in prison are asymptomatic—yet still shed the virus.

As of June 28, 2020, FCI Coleman-Low reports no cases of COVID-19 among inmates, three staff positive cases, no inmate or staff deaths, one recovered inmate, and two recovered staff.

D. Mr. Torres exhausted his internal remedies with the Bureau of Prisons.

On April 15, 2020, Mr. Torres submitted a request to the warden of FCI Coleman for compassionate release seeking "a sentence reduction to time served based on health status-Asthma, nerve damage due to gunshot wounds and the eminent endanger to be exposed to the deadly coronavirus (COVID-19), and the fact that it is impossible to practice 'social distancing' and other prophylactic measures in a prison environment. In alternative, I formally request for immediate release to home confinement pursuant to the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act")." On May 14, 2020, the warden denied Mr. Torres's request for "compassionate release/reduction in sentence" under the First Step Act, 18 U.S.C. § 3592. The warden's denial does not reference the CARES Act.

II. Analysis

Mr. Torres now moves for early release to home confinement under the CARES Act or compassionate release under the First Step Act. The United States opposes the motion. It concedes asthma is a CDC risk factor for COVID-19 but argues the medical records do not support Mr. Torres's claim of "severe" asthma and instead show his asthma is well-controlled. The United States argues Mr. Torres fails to present an "extraordinary and compelling reason" justifying compassionate release.

A. We do not have authority to transfer to home confinement or review the Bureau of Prison's administrative decision under the CARES Act.

Mr. Torres seeks early release to home confinement under the CARES Act, legislation passed by Congress on March 27, 2020 in response to the COVID pandemic. Among other purposes, "the CARES Act expands the power of the Bureau of Prisons to 'place a prisoner in home confinement' as an alternative to compassionate release" in response to the COVID-19 emergency. Section 12003(b)(2) of the CARES Act, "home confinement authority," provides: "[d]uring the covered emergency period, if the Attorney General finds that emergency conditions will materially affect the functioning of the Bureau [of Prisons], the Director of the Bureau may lengthen the maximum amount of time for which the Director is authorized to place a prisoner in home confinement under the first section of section 3624(c)(2) of title 18, United States Code, as the Director determines appropriate."

Attorney General William Barr made such a finding on April 3, 2020, instructing the Bureau of Prisons to "make the most of this expanded power by placing in home confinement 'all inmates whom [the Bureau] deem[s] suitable candidates.'" Section 3624(c)(2) provides: "[t]he authority under this subsection may be used to place a prisoner in home confinement for the shorter of 10 percent of the term of imprisonment of that prisoner or 6 months. The Bureau of Prisons shall, to the extent practicable, place prisoners with lower risk levels and lower needs on home confinement for the maximum amount of time permitted under this paragraph."

The United States argues we do not have authority to grant a transfer to home confinement or review the Bureau of Prison's administrative decision because, under 18 U.S.C. § 3621(b), a "designation of a place of imprisonment under this subsection is not reviewable by any court." Mr. Torres replies the United States ignores the amendment to the First Step Act, at 18 U.S.C. § 3852(c)(1)(A), allowing inmates a direct route to court, citing United States v. Young, a decision from the United States District Court for the Middle District of Tennessee. The district court's decision in Young involves the First Step Act, not the CARES Act. These are two different federal laws. As discussed below, Mr. Torres may directly petition the courts for compassionate release under the First Step Act's amendment of section 3582(c)(1)(A). The United States does not contest our authority to review a motion for compassionate release under the First Step Act; it only contests our authority to transfer Mr. Torres to home confinement under the CARES Act.

The United States is correct. "District Courts considering the CARES Act § 12003 and the Attorney General's directive consistently conclude that the determination of which inmates qualify for home confinement under the CARES Act is with the BOP Director." The CARES Act allows the increased use of home confinement by the Bureau of Prisons, and does "not give courts control over an inmate's place of incarceration or the BOP's exercise of its placement authority." We accordingly deny Mr. Torres's motion for release to home confinement under the CARES Act.

B. Mr. Torres's asthma does not constitute an extraordinary and compelling reason for compassionate release.

Mr. Torres alternatively seeks compassionate release under the "extraordinary and compelling reasons" exception in First Step Act, 18 U.S.C. § 3582(c)(1)(A). The First Step Act, passed by Congress in December 2018, amended section 3582(c)(1)(A) "to allow prisoners to directly petition courts for compassionate release, removing the [Bureau of Prison's] exclusive 'gatekeeper' role." Under the Act, prisoners have "two direct routes to court: (1) file a motion after fully exhausting administrative appeals of the [Bureau of Prison's] decision not to file a motion, or (2) file a motion after 'the lapse of 30 days from the receipt ... of such a request' by the warden of the defendant's facility, 'whichever is earlier.'"

Congress allows us to reduce a sentence through compassionate release if we determine (1) the incarcerated movant meets administrative exhaustion requirements, (2) "extraordinary and compelling reasons" warrant a reduction, (3) the reduction would be "consistent with any applicable policy statements issued by the Sentencing Commission"; and, (4) the applicable sentencing factors under 18 U.S.C. §3553(a) warrant a reduction.

Application Note 1 to Section 1B1.13 of the United States Sentencing Guidelines enumerates three specific reasons qualifying as "extraordinary and compelling" and one "catch-all" provision. The policy statement provides to constitute "extraordinary and compelling reasons," we must find:

(A) Medical Condition of the Defendant.—

(i) The defendant is suffering from a terminal illness (i.e., a serious and advanced illness with an end of life trajectory). A specific prognosis of life expectancy (i.e., a probability of death within a specific time period) is not required. Examples include metastatic solid-tumor cancer, amyotrophic lateral sclerosis (ALS), end-stage organ disease, and advanced dementia.

(ii) The defendant is—

(I) suffering from a serious physical or medical condition,

(II) suffering from a serious functional or cognitive impairment, or

(III) experiencing deteriorating physical or mental health because of the aging process, that substantially diminishes the ability of the defendant to provide self-care within the environment of a correctional facility and from which he or she is not expected to recover.

(B) Age of the defendant.—

. . .

(C) Family Circumstances.—

. . .

(D) Other Reasons.—As determined by the Director of the [BOP], there exists in the defendant's case an extraordinary and compelling reason other than, or in combination with, the reasons described in subdivisions (A) through (C).

Mr. Torres asserts he faces a heightened risk of serious illness or death from COVID-19 because of his asthma under Section 1B1.13(A). He argues it is impossible to social distance in prison; "[e]ven in the best of times medical care is strained and often lacking" in the federal prison system; the number of coronavirus cases is increasing exponentially and, at last count, there are over 2,200 cases of coronavirus among inmates and staff with at least fifty-seven deaths. Mr. Torres argues the COVID-19 pandemic and his "underlying health conditions" constitute extraordinary and compelling reasons warranting early release; he is not a danger to the community; and the section 3553(a) factors warrant his early release to home confinement.

The United States responds Mr. Torres is not eligible for compassionate release because he does not present a condition identified as a risk factor for an adverse outcome from COVID-19. The United States concedes moderate to severe asthma is a risk factor identified by the CDC as increasing the risk of an adverse outcome from COVID-19, but argues his asthma is not severe as he claims. It cites the medical record showing Mr. Torres did not seek or receive treatment while incarcerated for an acute asthmatic episode; his use of prescription drugs to manage his asthma is minimal; and his February 2020 examination by Bureau of Prisons physicians noted he is "currently doing[]well, denie[d] [shortness of breath], no cough, no past hospitalization, no intubation"; and Mr. Torres's report to physicians "his most recent asthma attack was many years ago, and he denie[d] any hospitalization related to asthma." The United States additionally cites the efforts taken by the Bureau of Prisons to control the spread of COVID-19.

Mr. Torres replies "although he suffers from nerve damage and severe asthma, he is in otherwise good health." He concedes these "are facts," but "they are not the only facts." He argues "[t]here are other facts, and, whereas it is not a fact that he will contract the coronavirus, it is a fact that he is at greater risk to do so because of several immutable facts:" (1) the pre-sentence report notes Mr. Torres is a long-term sufferer of asthma; (2) social distancing is impossible in a federal prison; and (3) he has no ability to protect himself from exposure to other inmates or staff who, since May 1, have been exposed to the increased risk of COVID-19 because of Florida's early re-opening. The United States does not dispute Mr. Torres has asthma; it disputes his asthma is severe enough to constitute extraordinary and compelling reasons warranting compassionate release. Mr. Torres does not provide us with any additional information or medical documents showing the severity of his asthma.

The Centers for Disease Control and Prevention advises "people with moderate to severe asthma may be at higher risk of getting very sick from COVID-19. COVID-19 can affect your respiratory tract (nose, throat, lungs), cause an asthma attack, and possibly lead to pneumonia and acute respiratory disease." "The U.S. Department of Health and Human Services provides that moderate asthma occurs if, without treatment, any of the following are true: Symptoms occur daily; Inhaled short-acting asthma medication is used every day; Symptoms interfere with daily activities; Nighttime symptoms occur more than 1 time a week, but do not happen every night; or Lung function tests are abnormal (more than 60% to less than 80% of the expected value)."

Mr. Torres's medical records do not show moderate to severe asthma; at his only medical visit in 2020, Mr. Torres reported he is doing well, denied shortness of breath, no past hospitalizations, and used his inhaler as needed. On examination his pulmonary function is within normal limits with no wheezing or rhonchi. A February 11, 2020 chest x-ray showed Mr. Torres's lungs are clear. The record reflects Bureau of Prisons' physicians first prescribed Albuterol on July 15, 2019 and dispensed the medication to him again on February 3, 2020. As of June 11, 2020, there is no record of a renewed prescription for Albuterol. Each prescription includes the direction: "shake well and Don't use daily. Inhale 2 puffs by mouth 4 times a day as needed to prevent/relieve asthma attack (inhaler to last 90 days. If need more, make sick call)." The direction expects the inhaler to last ninety days but if more medication is needed, Mr. Torres is directed to make a sick call. There is no record Mr. Torres scheduled a follow up sick visit for asthma or any other medical issue. There is no evidence the Bureau of Prisons is failing in its management of his asthma.

Mr. Torres is thirty-six-years-old and has no other medical risk factors. No inmates at FCI Coleman-Low are positive for COVID-19, there are three staff positive cases, no inmate or staff deaths, one recovered inmate, and two recovered staff. We understand Mr. Torres's concern regarding COVID-19, but a general fear of contracting the virus does not constitute extraordinary and compelling reasons for compassionate release under 18 U.S.C. § 3582(c)(1)(A). Multiple district courts reviewing compassionate release motions conclude mild asthma is not an extraordinary and compelling reason, including from this district court and two decisions from the district courts in Florida addressing motions from inmates at FCI Coleman Low.

The objective medical evidence presented by Mr. Torres shows mild asthma which is not a risk factor for severe illness from COVID-19, his condition appears to be controlled by medication, and there are currently no cases of COVID-19 at FCI Coleman-Low. These mitigate against a finding of an extraordinary and compelling reason warranting compassionate release at this time. We deny Mr. Torres's motion without prejudice to renew if he experiences a change in his medical condition.

C. Even assuming Mr. Torres shows an extraordinary and compelling reason, our analysis of section 3553(a) factors requires denial.

As Mr. Torres cannot show an extraordinary and compelling reason, we need not proceed into further analysis of whether release comports with policy statements and evaluate Mr. Torres's possible release by applying the factors under18 U.S.C. § 3553(a). If Mr. Torres's present asthma constituted a serious medical condition, we would then analyze the factors under section 3553(a). "Section 3582(c)(1)(A) requires us to consider the 'factors set forth in section 3553(a) to the extent they are applicable' before we may reduce a sentence. These factors include the need to: 'reflect the nature and circumstances of the offense and the history and characteristics of the defendant'; 'reflect the seriousness of the offense'; 'promote respect of the law'; and 'afford adequate deterrence to criminal conduct.'"

The United States argues even if Mr. Torres's asthma presented a risk factor, we must nevertheless deny his motion because he has served only nineteen percent of his sentence and his past criminal history demonstrates he is a danger to the community and is a flight risk. The United States contends Mr. Torres's current conviction is for the possession of two kilograms of cocaine with the intent to distribute; during the course of the crime, he led Drug Enforcement Agency agents on a high-speed chase through crowded streets in Philadelphia; he has a prior conviction for carrying a firearm without a license in Philadelphia in 2007; and a felony conviction for criminal conspiracy to distribute cocaine in Bucks County in 2009.

Mr. Torres does not address the United States' argument in his reply brief. He asserts in his moving brief, however, his current offense did not involve violence or a threat of violence; he was free on bond for eight months at his home in Florida prior to sentencing without violating conditions of release; he has not committed any infractions and has a clear disciplinary record during custody; and his offense history does not include "any violence, sex, or terrorism." Mr. Torres's tells us he "has a verifiable release plan: to return to Malabar, Florida to live with Marcia Moran, his domestic partner of 13 years, and their three young children, in the residence where he resided with them while on pre-trial release prior to his guilty plea."

Even if we were to reach the section 3553 factors, we could not release Mr. Torres. He committed a serious crime after two earlier convictions. He led federal agents on a high-speed chase. To date, he has chosen a life of drugs and guns. We sentenced him to sixty-three months given his conduct and a deterrent. He has not shown respect for the law. We have no basis to find a section 3553 factor supports releasing Mr. Torres at this early stage of his necessary sentence.

III. Conclusion

Having failed to establish an extraordinary and compelling reason warranting compassionate release under 18 U.S.C. § 3582(c)(1)(A), we deny Mr. Torres's motion in the accompanying order without prejudice.

Id. § 3582(c)(1)(A).