United States v. Christopher Steward
United States v. Christopher Steward
Opinion
USCA4 Appeal: 22-6403 Doc: 9 Filed: 11/15/2022 Pg: 1 of 3
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 22-6403
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CHRISTOPHER LAMONT STEWARD,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of Virginia, at Newport News. Arenda L. Wright Allen, District Judge. (4:14-cr-00075-AWA-TEM-1)
Submitted: October 31, 2022 Decided: November 15, 2022
Before WYNN and DIAZ, Circuit Judges, and MOTZ, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Christopher Lamont Steward, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-6403 Doc: 9 Filed: 11/15/2022 Pg: 2 of 3
PER CURIAM:
Christopher Lamont Steward appeals the district court’s order denying his motion
for compassionate release. We affirm.
When deciding whether to reduce a defendant’s sentence under
18 U.S.C. § 3582(c)(1)(A), a district court generally proceeds in three steps. United States v. High,
997 F.3d 181, 185-86(4th Cir. 2021). First, the court determines whether “extraordinary
and compelling reasons” support a sentence reduction.
18 U.S.C. § 3582(c)(1)(A)(i); High,
997 F.3d at 186. Second, the court considers whether a reduction is consistent with any
applicable policy statements issued by the Sentencing Commission.
18 U.S.C. § 3582(c)(1)(A)(ii); High,
997 F.3d at 186. Third, if the court finds that extraordinary and
compelling reasons warrant relief, the court must consider the § 3553(a) sentencing factors
“in deciding whether to exercise its discretion to reduce the defendant’s term of
imprisonment.” High,
997 F.3d at 186;
18 U.S.C. § 3582(c)(1)(A).
District courts enjoy broad discretion in deciding whether extraordinary and
compelling circumstances justify a compassionate release sentence reduction. United
States v. Kibble,
992 F.3d 326, 330(4th Cir.), cert. denied,
142 S. Ct. 383(2021). “In the
context of the COVID-19 outbreak, courts have found extraordinary and compelling
reasons for compassionate release when an inmate shows both a particularized
susceptibility to the disease and a particularized risk of contracting the disease at his prison
facility.” United States v. Feiling,
453 F. Supp. 3d 832, 841 (E.D. Va. 2020) (citing cases).
The inmate must show at least “that the risk of contracting COVID-19 in a prison is higher
than the risk outside the prison and that the inmate’s preexisting medical condition
2 USCA4 Appeal: 22-6403 Doc: 9 Filed: 11/15/2022 Pg: 3 of 3
increases that individual’s risk of experiencing a serious, or even fatal, case of COVID-
19.” High,
997 F.3d at 185.
We conclude that the district court did not abuse its discretion in denying
compassionate release by finding that Steward did not show extraordinary and compelling
reasons for his release. The court carefully weighed the evidence and concluded that
compassionate release was not warranted.
Accordingly, we affirm the district court’s order. We dispense with oral argument
because the facts and legal contentions are adequately presented in the materials before this
court and argument would not aid the decisional process.
AFFIRMED
3
Reference
- Status
- Unpublished