USA v. Sirrico Lewis

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELVENTH CIRCUIT
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No. 20-13783
Non-Argument Calendar
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D.C. Docket No. 6:13-cr-00311-RBD-T-S-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
vs.
SIRRICO LEWIS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Middle District of Florida
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(August 11, 2021)
Before JORDAN, NEWSOM, and BRASHER, Circuit Judges.
PER CURIAM:
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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.
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