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United States v. Bradley.

No. 23-1223. 4/8/2024. D.Colo. Judge Rossman. Motion for Compassionate Release—18 USC § 3553(a) Factors—Extraordinary and Compelling Reasons—Failure to Seek Plain Error Review—Waiver.

April 8, 2024

Bradley was convicted of one count of being a felon in possession of a firearm and ammunition, two counts of possession of a controlled substance with the intent to distribute, and one count of knowingly possessing a firearm during and in relation to a drug trafficking crime. In 2017, the district court imposed concurrent 120-month sentences on the first three counts and a consecutive 60-month sentence on the fourth count, followed by three years of supervised release to run concurrently on each count. In 2021, Bradley filed a motion for compassionate release under 18 USC § 3582(c)(1)(A) based on (1) his need to care for his minor children due to the illness of their primary caretaker; and (2) his health conditions, which increased his risk of serious illness from COVID-19. The district court denied the motion based on the 18 USC § 3553(a) factors.

On appeal, Bradley contended that the district court erred by not considering his proffered extraordinary and compelling reasons for release as part of its § 3553(a) analysis. However, Bradley never asked the district court to consider those facts as part of its § 3553(a) analysis, nor did he seek plain error review. Therefore, Bradley waived this argument.

Bradley further argued that the district court abused its discretion in evaluating the § 3553(a) factors by failing to consider the impact of his post-sentencing conduct and rehabilitation on whether he is an appropriate candidate for compassionate release. Here, the district court carefully considered the post-sentencing changes of fact that Bradley emphasized in his compassionate release motion to show his lower risk of recidivism. Therefore, the district court did not abuse its discretion,

The judgment was affirmed.

Official US Court of Appeals for the Tenth Circuit proceedings can be found at the US Court of Appeals for the Tenth Circuit website.

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