USA v. Christopher Loran Bentley

21-10382Court of Appeals for the Eleventh Circuit28 set 2021

Testo completo

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 21-10382
Non-Argument Calendar
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D.C. Docket No. 3:17-cr-00094-TJC-PDB-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CHRISTOPHER LORAN BENTLEY,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Middle District of Florida
________________________
(September 28, 2021)
Before WILLIAM PRYOR, Chief Judge, NEWSOM and ANDERSON, Circuit
Judges.
PER CURIAM:
Christopher Bentley, a federal prisoner, appeals pro se the denial of his
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motion for compassionate release. 18 U.S.C. § 3582(c)(1)(A). The district court
ruled that Bentley failed to identify extraordinary and compelling reasons for early
release and, in the alternative, that “the sentencing factors under 18 U.S.C.
§ 3553(a) do not support a reduction in [his] sentence.” We affirm.
Bentley argues that his risk of contracting COVID-19 due to his asthma
constitutes an extraordinary and compelling reason to reduce his sentence, but we
need not address that argument because we can affirm on the alternative ground
stated by the district court. Before we will reverse a “judgment that is based on
multiple, independent grounds, an appellant must convince us that every stated
ground for the judgment against him is incorrect.” Sapuppo v. Allstate Floridian
Ins. Co., 739 F.3d 678, 680 (11th Cir. 2014). Bentley lists as an issue on appeal
that “the district court fail[ed] to consider the 18 U.S.C. § 3583(d)(1-3) factors
(which includes § 3553(a) factors) and give [them] appropriate weight,” but
“simply stating that an issue exists, without further argument or discussion,
constitutes abandonment of that issue and precludes our considering the issue on
appeal,” id. at 681 (quoting Singh v. U.S. Att’y Gen., 561 F.3d 1275, 1278 (11th
Cir. 2009)). Because Bentley fails to challenge the alterative ruling that the
statutory sentencing factors weighed against granting him a sentence reduction, “it
follows that the district court’s judgment is due to be affirmed.” Id. at 680.
We AFFIRM the denial of Bentley’s motion for compassionate release.
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