United States v. George Arthur Farmer

U.S. Court of Appeals for the Eleventh Circuit

United States v. George Arthur Farmer

Opinion

USCA11 Case: 21-11527 Date Filed: 07/19/2022 Page: 1 of 4

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 21-11527 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus GEORGE ARTHUR FARMER,

Defendant-Appellant.

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Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 8:12-cr-00064-SCB-TGW-1 ____________________ USCA11 Case: 21-11527 Date Filed: 07/19/2022 Page: 2 of 4

2 Opinion of the Court 21-11527

Before LUCK, LAGOA, and BLACK, Circuit Judges. PER CURIAM: George Farmer, a federal prisoner proceeding pro se, ap- peals the denial of his motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A), as modified by the First Step Act. 1 He as- serts the district court erred by sua sponte denying his motion based on his failure to provide supporting evidence that he ex- hausted administrative remedies and suffered from his alleged medical conditions. He also contends the district court incorrectly found that the 18 U.S.C. § 3553(a) factors weighed against relief. After review, 2 we affirm the district court. Under § 3582(c)(1)(A), the district court may reduce a mo- vant’s imprisonment term if: (1) there are extraordinary and com- pelling reasons for doing so, (2) the factors listed in 18 U.S.C. § 3553(a) favor doing so, and (3) doing so is consistent with the pol- icy statements in U.S.S.G. § 1B1.13. United States v. Tinker, 14

1 Pub. L. No. 115-391, 132 Stat. 5194 (Dec. 21, 2018). 2 We review a district court’s denial of a prisoner’s § 3582(c)(1)(A) motion for an abuse of discretion. United States v. Harris, 989 F.3d 908, 911 (11th Cir. 2021). The district court abuses its discretion if it applies an incorrect legal standard, follows improper procedures in making the determination, or makes clearly erroneous factual findings. United States v. Barrington, 648 F.3d 1178, 1194 (11th Cir. 2011). As Farmer is proceeding pro se, we construe his plead- ings liberally. See United States v. Webb, 565 F.3d 789, 792 (11th Cir. 2009). USCA11 Case: 21-11527 Date Filed: 07/19/2022 Page: 3 of 4

21-11527 Opinion of the Court 3

F.4th 1234, 1237 (11th Cir. 2021). If the district court finds against the movant on any one of these requirements, it cannot grant re- lief. United States v. Giron, 15 F.4th 1343, 1347-48 (11th Cir. 2021). Under 18 U.S.C. § 3553(a), a district court’s sentence must be sufficient, but not greater than necessary, to achieve the goals of sentencing, which are: reflecting the seriousness of the offense, pro- moting respect for the law, providing just punishment, deterring future criminal conduct, protecting the public, and providing the defendant with any needed training or treatment. 18 U.S.C. § 3553(a). Section 3553(a) also requires district courts to consider the nature and circumstances of the offense, the defendant’s history and characteristics, the kinds of sentences available, the Sentencing Guidelines, any pertinent policy statement, the need to avoid dis- parate sentences for defendants with similar records, and the need to provide restitution to any victims. Id. The weight that each § 3553(a) factor receives is a matter within the sound discretion of the district court. United States v. Williams, 526 F.3d 1312, 1322-23 (11th Cir. 2008). A district court is not required to explicitly state on the record that it considered every § 3553(a) factor or to discuss the applicability of each one. United States v. Kuhlman, 711 F.3d 1321, 1326 (11th Cir. 2013). The district court did not abuse its discretion by denying Farmer’s motion for compassionate release because the 18 U.S.C. § 3553(a) factors weighed against release. The district court found Farmer’s criminal history and offense conduct weighed against re- lease. This was not an abuse of discretion because Farmer’s offense USCA11 Case: 21-11527 Date Filed: 07/19/2022 Page: 4 of 4

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conduct involved a violent attack on a police officer, and Farmer has a long criminal history of dealing drugs and fleeing from and resisting police, which attests to the need to reflect the seriousness of the offense and protect the public. Although Farmer included some evidence of rehabilitation in prison, the district court has the discretion to assign weight to each factor. See Williams, 526 F.3d at 1322-33. Because the district court did not abuse its discretion in finding the § 3353(a) factors weighed against release, we need not address the issues of whether the district court erred in sua sponte denying the motion for failing to exhaust administrative remedies or whether Farmer could show extraordinary and compelling rea- sons for granting relief. See Giron, 15 F.4th at 1347-48. Accord- ingly, we affirm. AFFIRMED.

Reference

Status
Unpublished