United States v. Harris, No. 20-12023 (11th Cir. 2021)Annotate this Case
The Eleventh Circuit vacated its previously issued opinion and substituted this one in its place.
The court affirmed the district court's denial of defendant's 18 U.S.C. 3582(c)(1)(A) motion for compassionate release. The court explained that the district court was permitted to reduce defendant's sentence if it found, among other things, that extraordinary compelling reasons warrant it. In this case, the district court concluded that defendant's medical conditions did not. The court reasoned that, of the conditions defendant argued to the district court, only hypertension appears on the CDC's list of conditions, and it appears only as one that means an adult with it "might be at an increased risk."
Furthermore, the district court considered the 18 U.S.C. 3553(a) factors and section 1B1.13 n.1, which further contributes to the court's holding that the district court did not abuse its discretion. The court explained that regardless of whether the district court was required to consider USSG 1B1.13 n.1, it did so. In this case, the district court's order makes clear that it independently considered whether defendant's reasons were "extraordinary and compelling" under section 3582(c)(1)(A), and then separately and "[m]oreover" considered and rejected her reasons in light of section 1B1.13 n.1.
This opinion or order relates to an opinion or order originally issued on February 26, 2021.