United States of America v. Matthew Tyler

NOT RECOMMENDED FOR PUBLICATION
File Name: 22a0004n.06
No. 21-2880
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
MATTHEW TYLER,
Defendant-Appellant.
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ON APPEAL FROM THE
UNITED STATES DISTRICT
COURT FOR THE EASTERN
DISTRICT OF MICHIGAN
Before: GRIFFIN, DONALD, and BUSH, Circuit Judges.
PER CURIAM. A jury convicted defendant Matthew Tyler of conspiracy to distribute 500
grams or more of methamphetamine, and he has served a little more than half of his 324-month
sentence. Citing the COVID-19 pandemic (and health conditions that place him at greater risk
should he contract the virus),1 Tyler moved in June 2021 for compassionate release under
18 U.S.C. § 3582(c)(1)(A). The district court denied the motion for lack of an “extraordinary and
compelling reason[]” to grant release, noting that infection rates at Tyler’s prison were extremely
low and that he was fully vaccinated against the virus. After the district court issued its order, we
held that “a defendant’s incarceration during the COVID-19 pandemic—when the defendant has
access to the COVID-19 vaccine—does not present an ‘extraordinary and compelling reason’
1He also sought relief because he has served more time in prison than his codefendants but,
on appeal, he does not take issue with the district court’s rejection of this argument. Since he has
abandoned this argument, we will not address it here. See Bard v. Brown Cnty., 970 F.3d 738, 751
(6th Cir. 2020).

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No. 21-2880, United States v. Tyler
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warranting a sentence reduction” under § 3582(c)(1)(A). United States v. Lemons, 15 F.4th 747,
751 (6th Cir. 2021) (citation omitted); see also United States v. Traylor, 16 F.4th 485, 487 (6th
Cir. 2021) (per curiam). Our precedent thus confirms that, because Taylor has access to the
vaccine, he did not show an extraordinary and compelling reason for compassionate release.
We therefore affirm the judgment of the district court.

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