U.S. Court of Appeals for the Eleventh Circuit, 2023

United States v. Gregory Richardson

United States v. Gregory Richardson
U.S. Court of Appeals for the Eleventh Circuit · Decided July 5, 2023

United States v. Gregory Richardson

Opinion

USCA11 Case: 22-13990 Document: 19-1 Date Filed: 07/05/2023 Page: 1 of 3

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 22-13990 Non-Argument Calendar ____________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus GREGORY RICHARDSON,

Defendant-Appellant.

____________________ Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 0:12-cr-60294-RNS-1 ____________________ USCA11 Case: 22-13990 Document: 19-1 Date Filed: 07/05/2023 Page: 2 of 3

2 Opinion of the Court 22-13990

Before WILLIAM PRYOR, Chief Judge, and NEWSOM and GRANT, Cir- cuit Judges.

PER CURIAM: Gregory Richardson, a federal prisoner, appeals the denial of his second motion for compassionate release, 18 U.S.C. § 3582(c)(1)(A). He argues that the district court failed to provide him procedural due process by denying his motion for compassion- ate release before he filed his reply to the government’s response.

We discern no due-process violation, so we affirm.

The docket reflects that Richardson’s reply was due on Oc- tober 11, 2022. Yet he did not sign and deliver his reply to prison officials for mailing until October 18, 2022, the same day that the district court denied his motion. The district court received his re- ply on November 2, 2022, construed the reply as a motion for re- consideration, and denied reconsideration.

The district court was not to blame for Richardson’s failure to file a timely reply. And he cites no binding authority establishing that due process required the district court to wait beyond the filing deadline before denying his motion. Further, Richardson does not dispute and has abandoned any challenge that he could have made to the findings by the district court that his medical conditions did not establish extraordinary and compelling reasons, he failed to prove that he would not pose a danger to the public, and he failed to establish that the statutory sentencing factors, 18 U.S.C. USCA11 Case: 22-13990 Document: 19-1 Date Filed: 07/05/2023 Page: 3 of 3

22-13990 Opinion of the Court 3 § 3553(a), weighed in favor of reducing his sentence. Sapuppo v. All- state Floridian Ins. Co., 739 F.3d 678, 680 (11th Cir. 2014).

We AFFIRM the denial of Richardson’s motion for compas- sionate release.

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