United States v. Sirrico Lewis

U.S. Court of Appeals for the Eleventh Circuit

United States v. Sirrico Lewis

Opinion

USCA11 Case: 20-13783 Date Filed: 08/11/2021 Page: 1 of 2

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELVENTH CIRCUIT

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No. 20-13783

Non-Argument Calendar

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D.C. Docket No. 6:13-cr-00311-RBD-T-S-1 UNITED STATES OF AMERICA,

Plaintiff-Appellee, vs. SIRRICO LEWIS,

Defendant-Appellant.

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Appeal from the United States District Court

for the Middle District of Florida

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(August 11, 2021) Before JORDAN, NEWSOM, and BRASHER, Circuit Judges. PER CURIAM:

USCA11 Case: 20-13783 Date Filed: 08/11/2021 Page: 2 of 2

Sirrico Lewis appeals the district court’s denial of his motion for compassionate release, filed pursuant to 18 U.S.C. § 3582(c)(1)(A) and the First Step Act. We affirm.

First, Mr. Lewis argues that the district court was not limited by the Sentencing Commission’s policy statement, U.S.S.G. § 1B1.13, in considering his motion. But our decision in United States v. Bryant, 996 F.3d 1243, 1262 (11th Cir. 2021), forecloses that argument.

Second, Mr. Lewis contends that the district court erred by failing to consider the factors set forth in 18 U.S.C. § 3553(a) in light of his evidence of post-sentencing rehabilitation. We disagree. The district court expressly considered the § 3553(a) factors. And though it did not mention Mr. Lewis’ evidence of rehabilitation, its explanation is sufficient to allow for meaningful appellate review. See United States v. Cook, 998 F.3d 1180, 1184-86, (11th Cir. 2021). The district court pointed to a number of reasons why compassionate release was inappropriate—including Mr. Lewis’ lengthy criminal history and convictions for sexual assault—and its decision did not constitute an abuse of discretion.

AFFIRMED.

2

Reference

Status
Unpublished