United States v. Tinker, No. 15-10642 (11th Cir. 2021)
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Tinker, a federal prisoner serving a 180-month sentence for possessing a firearm while a convicted felon, argued that his medical conditions—obesity, hypertension, a congenitally narrowed spinal canal, and mental illness—increased his risk of developing a severe illness should he contract Covid-19 and that such increased risk qualified him for compassionate release under 18 U.S.C. 3582(c)(1)(A). Assuming that Tinker could present “extraordinary and compelling reasons” for early release, as required by section 3582, the district court, after considering the sentencing factors enumerated in 18 U.S.C. 3553(a), and the requirements of U.S.S.G. 1B1.13, denied Tinker’s motion.
The Eleventh Circuit affirmed. The district court did not procedurally err when it assumed, without explicitly finding, that Tinker could present “extraordinary and compelling reasons” before denying his motion based on section 3553(a)'s sentencing factors and section 1B1.13’s policy statement. The district court did not abuse its discretion when it weighed the section 3553(a) factors; the court emphasized Tinker’s extensive criminal history and the need to protect the public, which was within its discretion to do. The court acknowledged the parties’ filings, which discussed at length the factors that Tinker contends were ignored.
This opinion or order relates to an opinion or order originally issued on July 21, 2015.
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