United States of America v. Davon Brown

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted May 10, 2024 *
Decided May 10, 2024
Before
FRANK H. EASTERBROOK, Circuit Judge
AMY J. ST. EVE, Circuit Judge
JOHN Z. LEE, Circuit Judge
No. 23-2718
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
DAVON BROWN,
Defendant-Appellant.
Appeal from the United States District
Court for the Southern District of
Indiana, Indianapolis Division.
No. 1:19-cr-00148-TWP-MJD
Tanya Walton Pratt,
Chief Judge.
O R D E R
Davon Brown, a federal prisoner with severe health complications, appeals from
an order denying compassionate release. The district court determined that, even if
* We have agreed to decide the case without oral argument because the briefs and
record adequately present the facts and legal arguments, and oral argument would not
significantly aid the court. FED. R. A PP. P. 34(a)(2)(C).
NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with FED. R. A PP. P. 32.1

-- 1 of 2 --

No. 23-2718 Page 2
Brown could show that his medical circumstances were extraordinary and compelling,
the sentencing factors of 18 U.S.C. § 3553(a) weighed against early release. We affirm.
Brown was charged in 2019 with attempting to possess with intent to distribute
500 grams or more of methamphetamine. See 21 U.S.C. §§ 841(a), 846. The district court
sentenced him in January 2023 to 120 months’ imprisonment and 5 years’ supervised
release for the principal offense and an additional 30 months’ imprisonment (because he
committed the charged offense while on supervised release), to run consecutively.
Brown moved for compassionate release in April 2023. In his motion, Brown
cited his extensive health problems—including late-stage cancer, uncontrolled diabetes
(which also resulted in near blindness), glaucoma, severe obesity, and pancreatitis. The
previous year he had been diagnosed with a soft-tissue sarcoma in his right knee.
Doctors removed that mass, but scans taken in January 2023—shortly after his
sentencing—revealed lesions in his liver that correlated with stage IV cancer. In arguing
that he presented extraordinary and compelling circumstances to warrant
compassionate release, Brown relied on the combination of his health conditions, the
physical consequences of undergoing radiation and chemotherapy, and the heightened
risk he faced from a COVID infection because he is immunocompromised.
The court denied Brown’s motion. The court assumed without deciding that he
had established extraordinary and compelling reasons justifying compassionate release
but determined that the § 3553(a) factors counseled against early release. The court
explained that Brown committed a serious crime (the distribution scheme involved over
18 kilograms of methamphetamine), had a lengthy and extensive criminal history
(including prior drug trafficking offenses and a felony conviction for aggravated
assault), committed the instant offense while on supervised release, and had served
only 26 months of his 150-month prison sentence.
On appeal, Brown reiterates that he faces a dire medical prognosis. He does not,
however, contend that the court abused its discretion by denying his motion based on
the § 3553(a) factors. Although Brown’s declining health warrants sympathy, he does
not challenge the basis for the district court’s decision. See Anderson v. Hardman,
241 F.3d 544, 545 (7th Cir. 2001). Regardless, the district court needed only “one good
reason” for denying Brown’s motion, United States v. Ugbah, 4 F.4th 595, 598 (7th Cir.
2021), and here the court highlighted the seriousness of his crime and his substantial
criminal history.
AFFIRMED

-- 2 of 2 --