United States v. Joiner, No. 20-2361 (7th Cir. 2021)
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Joiner is a 31‐year‐old prisoner serving an eight-year sentence at U.S. Penitentiary Marion for a drug crime. In July 2020, amid the COVID‐19 pandemic, Joiner sought compassionate release under 18 U.S.C. 3582(c)(1)(A), citing “extraordinary and compelling reasons,” self‐reported hypertension, a body mass index (BMI) of 28.9 (the “over‐weight” category), and his skin color. He argued that Black Americans have disproportionately suffered from COVID‐19 because “society has put them in worse positions.” He cited a CDC article to argue that Black people in the U.S. face a higher risk of hospitalization and death from COVID‐19, and other articles to contend that, even though skin color should not affect health outcomes from infectious diseases, “our society” delivers subpar health care to “people with black skin,” even when controlling for class, comorbidities, and access to health insurance. The government contended that Joiner’s medical records did not contain evidence of hypertension and that his BMI did not place him at “high risk” for severe COVID‐19 complications.
The district court ruled that Joiner did not present extraordinary and compelling reasons for release, without comment on Joiner’s racial disparity argument. The Seventh Circuit affirmed. The cited articles identify multiple societal factors that are not relevant to Joiner’s individual situation in federal prison. Without any factual basis tying those broader societal concerns to Joiner’s individual situation, the district court was not required to address the argument.
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In the United States Court of Appeals For the Seventh Circuit ____________________ No. 20 2361 UNITED STATES OF AMERICA, Plaintiff Appellee, v. LYNARD JOINER, Defendant Appellant. ____________________ Appeal from the United States District Court for the Central District of Illinois. No. 16 cr 30016 — Sue E. Myerscough, Judge. ____________________ ARGUED JANUARY 26, 2021 — DECIDED FEBRUARY 23, 2021 ____________________ Before SYKES, Chief Judge, and EASTERBROOK and KIRSCH, Circuit Judges. KIRSCH, Circuit Judge. Lynard Joiner appeals the district court’s denial of his motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A). On appeal, he raises one issue: whether the district court procedurally erred by not specifi cally addressing his argument that his skin color “elevates his risk from COVID 19.” In the district court, Joiner supported this contention by citing to three articles discussing disparities No. 20 2361 2 in health care outcomes based on race. Those articles, how ever, pointed to a multitude of societal factors that are not rel evant to Joiner’s individual situation in federal prison. Extrap olating direct relevance to Joiner’s situation requires leaps of logic that do not necessarily follow from the broad societal in formation he presented. Without any factual basis tying these broader societal concerns to Joiner’s individual situation, the district court was not required to address the argument. Thus, because the district court did not procedurally err, we a rm. I. Joiner is a 31 year old federal prisoner serving an eight year sentence at U.S. Penitentiary Marion for possession of co caine base with the intent to distribute. See 21 U.S.C. § 841(a)(1), (b)(1)(C). In July 2020, amid the COVID 19 pan demic, Joiner moved for compassionate release under 18 U.S.C. § 3582(c)(1)(A). He o ered three “extraordinary and compelling reasons,” § 3582(c)(1)(A)(i), for release: self re ported hypertension, a body mass index of 28.9 (the “over weight” category), and his skin color (“brown”), which he says is “seen as ‘black.’” For his third point, he argued that Black Americans have disproportionately su ered from COVID 19, not because of “weak biology,” but because “soci ety has put them in worse positions.” He cited an article from the Centers for Disease Control and Prevention to argue that Black people in the United States face a higher risk of hospi talization and death from COVID 19. He also relied on two other articles to contend that, even though skin color should not a ect health outcomes from infectious diseases, “our so ciety” delivers subpar health care to “people with black skin,” even when controlling for class, comorbidities, and access to health insurance. No. 20 2361 3 The government opposed the motion. It argued that Joiner failed to exhaust his administrative remedies. See § 3582(c)(1)(A). (It does not press this argument on appeal.) On the merits, it contended that Joiner’s medical records did not contain evidence of hypertension and, according to the CDC, his body mass index did not place him at “high risk” for severe COVID 19 complications. The government did not re spond to Joiner’s society wide racial disparities argument. The district court ruled that Joiner did not present extraor dinary and compelling reasons for release. While observing that Joiner’s prison had thirteen confirmed COVID 19 cases, it concluded that Joiner did not show that he was at an ele vated risk for severe complications from the virus because he was relatively young, he had no documented hypertension, and his body mass index was not an increased risk factor, per CDC guidance. The court did not comment on Joiner’s argu ment that based on societal factors Black Americans have dis proportionately been a ected by the virus. II. Under 18 U.S.C. § 3582(c)(1)(A)(i), a district court may grant an inmate’s request for early release based on “extraor dinary and compelling reasons,” provided that the inmate first submits a request to the Bureau of Prisons. United States v. Gunn, 980 F.3d 1178, 1179, 1181 (7th Cir. 2020). The exhaus tion requirement is mandatory when properly invoked. United States v. Sanford, 986 F.3d 779, 780 (7th Cir. 2021). But because the requirement is non jurisdictional, the govern ment loses the benefit of this a rmative defense when, as here, it does not press the defense on appeal. Id. at 782. No. 20 2361 4 Joiner maintains that the district court procedurally erred when it silently passed over his third contention for release— that his skin color elevated his risk of complications from COVID 19. For purposes of this appeal, the parties have as sumed that we review this contention of procedural error un der the same standard that we use when a party asserts a pro cedural error in sentencing. See United States v. Cunningham, 429 F.3d 673, 679 (7th Cir. 2005). 1 Cunningham requires a court to address each of the movant’s principal arguments, unless they are “too weak to require discussion” or “without factual foundation.” United States v. Rosales, 813 F.3d 634, 637 (7th Cir. 2016). Under this standard, to require discussion the arguments must be “individualized to the facts” of the mo vant’s case. See United States v. Hancock, 825 F.3d 340, 344 (7th Cir. 2016). Under Cunningham, the district court did not procedurally err in silently passing over Joiner’s argument. First, Joiner contended, citing a CDC article, that COVID 19 has caused “a disproportionate burden of illness and death among racial and ethnic minority groups.” That disproportionate burden, the article states, may stem from societal living and working conditions among racial and ethnic minority groups, includ ing that minorities may more commonly live in densely pop ulated areas, farther from medical care, and work in essential businesses that have remained open during the pandemic. This article, which discusses the disparity in terms of societal We do not decide that we must always review claims of procedural error from denials of motions for compassionate release under the same standard as claims of procedural error at sentencing. See, e.g., Gunn, 980 F.3d at 1181 (suggesting deferential review of district court orders de ciding motions for compassionate release). 1 No. 20 2361 5 living and working conditions among minority groups, does not provide a factual foundation for the argument that Black federal prisoners are at higher risk of severe COVID 19 compli cations than prisoners of other races. As such, the court did not need to address Joiner’s contention. Second, Joiner did not submit evidence that his perceived skin color renders him especially vulnerable to the virus in prison or at Marion. He concedes that his skin color does not make him more biologically susceptible to COVID 19. Rather, he assumes that the community data that he cites about racial disparities in health care, infections, hospitalization, and deaths from COVID 19 are mirrored at Marion. But in the dis trict court he o ered no evidence to support this assumption. Likewise, on appeal, he could not point to any evidence or data on COVID 19 susceptibility or outcome disparities in prison based on race. Broadly, Joiner’s assumption ignores that variables in the community that might a ect COVID 19 susceptibility and outcomes may not vary in prison. In prison, inmates generally live and work in the same environment, and they receive health care in the same setting. Moreover, medical providers to federal prisons are subject to legal con straints and obligations that may not apply to providers in the community. None of Joiner’s materials acknowledged or dis cussed these di erences. Without any data or a factual foun dation connecting generalized societal disparities in health care susceptibility or outcome to Joiner’s individualized cir cumstances at Marion (or even federal prisons generally), the district court was not required to discuss Joiner’s racial dis parity argument. In reply, Joiner argues that prison health care is not en tirely independent of society. Prisons hire workers from the No. 20 2361 6 community, and from there, he argues, they may bring to the prison their racial biases in delivering care. But, as discussed, by relying on generalized evidence of broad societal concerns, Joiner did not provide the court with any basis to make that determination, and therefore, the district court was not re quired to address this argument. Nothing prevented the district court from pointing out that Joiner did not furnish evidence connecting his societal disparities arguments to his individual situation in prison. But such statement was not needed “for meaningful appellate review.” Gall v. United States, 552 U.S. 38, 50 (2007). By dis cussing the two issues that Joiner did develop (his self re ported hypertension and body mass index), the court ade quately explained why Joiner did not present extraordinary and compelling reasons for release. See United States v. Castaldi, 743 F.3d 589, 595 (7th Cir. 2014) (“[T]he district judge made his thinking clear enough.”). Finally, Joiner argues that the government has waived its substantive arguments relating to how racial disparities in health care should be interpreted in this case. He correctly ob serves that in the district court the government did not coun ter Joiner’s racial disparity argument. But if the district court did not need to respond to the argument as factually un founded, neither did the government. In any event, the gov ernment responded to Joiner’s procedural challenge at its ear liest opportunity—on appeal where Joiner first raised it. Cf. Prop. & Cas. Ins. v. Cent. Nat’l Ins. Co. of Omaha, 936 F.2d 319, 323 n.7 (7th Cir. 1991) (no waiver when party had first opportunity to brief an issue on appeal). Thus, the govern ment did not waive its argument. AFFIRMED.
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