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UNITED STATES v. IRONS (2021)

United States Court of Appeals, Fourth Circuit.2021-06-03No. No. 21-6199

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Opinion

Winston R. Irons appeals the district courts order denying his motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A), as amended by the First Step Act of 2018, Pub. L. No. 115-391, § 603(b)(1), 132 Stat. 5194, 5239. We review a district courts ruling on a motion for compassionate release for abuse of discretion. United States v. Kibble, 992 F.3d 326, 329 (4th Cir. 2021).

The district court may reduce a term of imprisonment under 18 U.S.C. § 3582(c)(1)(A)(i) if “extraordinary and compelling reasons warrant such a reduction.” “In the context of the COVID-19 outbreak, courts have found extraordinary and compelling reasons for compassionate release when an inmate shows both a particularized susceptibility to the disease and a particularized risk of contracting the disease at his prison facility.” United States v. Feiling, 453 F. Supp. 3d 832, 841 (E.D. Va. 2020) (citing cases). We have thoroughly reviewed the record and conclude that Irons failed to make the requisite showing. Accordingly, we affirm the district courts order.

We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED

PER CURIAM:

Affirmed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.