September 29, 2021 Christopher M. Wolpert Clerk of Court UNITED STATES COURT OF… v. Marryssa M. Middleton

FILED
United States Court of Appeals
Tenth Circuit
September 29, 2021
Christopher M. Wolpert
Clerk of Court
UNITED STATES COURT OF APPEALS
TENTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MARRYSSA M. MIDDLETON,
Defendant - Appellant.
No. 21-3093
(D.C. No. 5:15-CR-40018-DDC-2)
(D. Kan.)
ORDER AND JUDGMENT*
Before BACHARACH, MURPHY, and CARSON, Circuit Judges.
After examining the briefs and the appellate record, this court has
determined unanimously that oral argument would not materially assist the
determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G).
Accordingly, the case is ordered submitted without oral argument.
Proceeding pro se, Marryssa Middleton appeals the district court’s denial of
her request for compassionate release under 18 U.S.C. § 3582(c)(1)(A), as
*This order and judgment is not binding precedent except under the
doctrines of law of the case, res judicata, and collateral estoppel. It may be cited,
however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th
Cir. R. 32.1.
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amended by the First Step Act of 2018, Pub. L. No. 115-391, 132 Stat. 5194. In
2017, Middleton was sentenced to 336 months’ imprisonment after pleading
guilty to one count of conspiracy to commit kidnapping resulting in death. In
May 2020, the Bureau of Prisons (the “BOP”) denied Middleton’s request for
compassionate release based on her medical conditions and vulnerability to
COVID-19. On June 15, 2020, Middleton filed a motion in federal district court
pursuant to § 3582(c)(1)(A) seeking compassionate release. The district court
denied the motion, concluding “the pertinent sentencing factors in 18 U.S.C. §
3553(a) [did] not favor the reduction” despite the fact Middleton suffers from
asthma and other medical conditions. The court recognized Middleton’s medical
conditions had the potential to increase the severity of her incarceration because
of COVID-19, but ultimately concluded she was not entitled to release after
serving “barely a fraction of her sentence for an extraordinary and senseless
violent crime.” Middleton then filed a motion to reconsider which was denied.
Middleton appeals from the district court’s refusal to grant her
compassionate relief under § 3582(c)(1)(A). This court has reviewed the entire
record, including Middleton’s filings in the district court and all the court’s
orders. Based on that review and the applicable law,1 we conclude there was no
abuse of discretion in the district court’s decision to deny Middleton’s request for
compassionate relief based on the factors set out in 18 U.S.C. § 3553(a). See
1United States v. Hald, 8 F.4th 932 (10th Cir. 2021).
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United States v. Mannie, 971 F.3d 1145, 1154-55 (10th Cir. 2020) (reviewing the
denial of a § 3582(c)(1)(A) motion for abuse of discretion).
The judgments of the district court denying Middleton’s motions for early
release and for reconsideration are affirmed.
ENTERED FOR THE COURT
Michael R. Murphy
Circuit Judge
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