USA v. Rollins, No. 22-30359 (5th Cir. 2022)
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Defendant is a paraplegic 43-year-old whose right leg was also amputated after complications from the 2013 gunshot wound that left him paralyzed. At the time of his arrest in August 2018, police found Rollins septic and malnourished, lying in his bodily wastes, though with five firearms around him in reach. In September 2019, Defendant moved for pretrial release, alleging that his brother could care for him at home. In January 2022, Defendant moved for compassionate release under the First Step Act. In March 2022, the district court denied Defendant motion for compassionate release, though noting Defendant’s condition was “dire.”
The Fifth Circuit affirmed. The court explained that although the district court assessed Defendant’s medical situation as “dire,” the court never affirmatively stated that it was an extraordinary and compelling reason for compassionate release. The court reasoned that the district court sufficiently stated its reasons for denying compassionate release and did not clearly err in assessing the evidence when weighing the Section 3553(a)sentencing factors. The court made specific factual findings adequately articulating the primary reason for the denial of relief. Further, the court noted that it is not the court’s place to question the reasonable judgment of the district court in assessing the Section 3353(a) factors.
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