United States v. Sirrico Lewis, No. 20-13783 (11th Cir. Aug. 11, 2021). · Go Syfert
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United States
v.
Sirrico Lewis
20-13783.
Court of Appeals for the Eleventh Circuit.
Aug 11, 2021.
Unpublished opinion
Unpublished  |  NEW
1

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELVENTH CIRCUIT

No. 20-13783
Non-Argument Calendar

D.C. Docket No. 6:13-cr-00311-RBD-T-S-1

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

vs.

SIRRICO LEWIS,

Defendant-Appellant.

Appeal from the United States District Court
for the Middle District of Florida

(August 11, 2021)

Before JORDAN, NEWSOM, and BRASHER, Circuit Judges.

PER CURIAM: Sirrico Lewis appeals the district court’s denial of his motion for compassionate release, filed pursuant to 18 U.S.C. § 3582(c)(1)(A) and the First Step Act. We affirm.

First, Mr. Lewis argues that the district court was not limited by the Sentencing Commission’s policy statement, U.S.S.G. § 1B1.13, in considering his motion. But our decision in United States v. Bryant, 996 F.3d 1243, 1262 (11th Cir. 2021), forecloses that argument.

Second, Mr. Lewis contends that the district court erred by failing to consider the factors set forth in 18 U.S.C. § 3553(a) in light of his evidence of post-sentencing rehabilitation. We disagree. The district court expressly considered the § 3553(a) factors. And though it did not mention Mr. Lewis’ evidence of rehabilitation, its explanation is sufficient to allow for meaningful appellate review. See United States v. Cook, 998 F.3d 1180, 1184-86, (11th Cir. 2021). The district court pointed to a number of reasons why compassionate release was inappropriate—including Mr. Lewis’ lengthy criminal history and convictions for sexual assault—and its decision did not constitute an abuse of discretion.

AFFIRMED.