United States v. Eric Rayonn Rowls ( 2022 )


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  • USCA11 Case: 20-13708        Date Filed: 02/25/2022   Page: 1 of 3
    [DO NOT PUBLISH]
    In the
    United States Court of Appeals
    For the Eleventh Circuit
    ____________________
    No. 20-13708
    Non-Argument Calendar
    ____________________
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    ERIC RAYONN ROWLS,
    a.k.a. “E.”,
    a.k.a. Eric Rannon Rowls,
    Defendant-Appellant.
    USCA11 Case: 20-13708         Date Filed: 02/25/2022      Page: 2 of 3
    2                       Opinion of the Court                  20-13708
    ____________________
    Appeal from the United States District Court
    for the Northern District of Florida
    D.C. Docket No. 4:09-cr-00016-RV-MAF-1
    ____________________
    Before WILLIAM PRYOR, Chief Judge, JORDAN, and NEWSOM, Circuit
    Judges.
    PER CURIAM:
    This appeal returns to us after the district court determined
    on remand that Eric Rowls was entitled to an extension of time to
    appeal the denial of his motion to reconsider the order denying his
    motion for compassionate release. See Fed. R. App. P. 4(b)(4).
    Rowls argues that the district court erred by denying his motion to
    reconsider because it failed to allow him to reply to the brief op-
    posing his motion for compassionate release. Rowls also argues, for
    the first time, that the district court erred by determining that it
    was constrained by the policy statements in Section 1B1.13 of the
    Sentencing Guidelines. See 
    18 U.S.C. § 3582
    (c)(1)(A)(i). We affirm.
    We review the denial of a motion to reconsider a judgment
    for abuse of discretion. Arthur v. King, 
    500 F.3d 1335
    , 1343 (11th
    Cir. 2007). “A district court abuses its discretion if it applies an in-
    correct legal standard, follows improper procedures in making the
    determination, or makes findings of fact that are clearly errone-
    ous.” United States v. Harris, 
    989 F.3d 908
    , 911 (11th Cir. 2021)
    USCA11 Case: 20-13708         Date Filed: 02/25/2022      Page: 3 of 3
    20-13708                Opinion of the Court                          3
    (quoting Cordoba v. DIRECTV, LLC, 
    942 F.3d 1259
    , 1267 (11th
    Cir. 2019)).
    The district court did not abuse its discretion. To obtain re-
    lief under Federal Rule of Civil Procedure 59(e), a movant must
    identify “newly-discovered evidence or manifest errors of law or
    fact.” Arthur, 
    500 F.3d at 1343
    . Rowls failed to identify any new
    evidence or a manifest error in the decision to deny him relief.
    Rowls sought to reply to the brief in opposition to his motion for
    compassionate relief, but the local rules allow a party to file a “reply
    memorandum in support of a motion” only “in extraordinary cir-
    cumstances,” N.D. Fla. R. 7.1(I). A pro se litigant like Rowls is
    bound by the local rules like any other litigant. See Albra v. Advan,
    Inc., 
    490 F.3d 826
    , 829 (11th Cir. 2007).
    Rowls’s argument that the district court was not bound by
    the policy statement in section 1B1.13 is foreclosed by precedent.
    In United States v. Bryant, 
    996 F.3d 1243
     (11th Cir. 2021), we held
    that the policy statement in section 1B1.13 governs a motion for
    compassionate release and that a district court cannot “develop
    ‘other reasons’ that might justify a reduction in a defendant’s sen-
    tence.” 
    Id. at 1248
    . Rowls failed to establish that an extraordinary
    and compelling reason justified his early release as his medical rec-
    ords evidenced that his diabetes, hypertension, and hyperlipidemia
    were controlled with medication. See U.S.S.G. § 1B1.13 cmt. n.1;
    Harris, 989 F.3d at 912.
    We AFFIRM the denial of Rowls’s motion to reconsider the
    order denying his motion for compassionate release.
    

Document Info

Docket Number: 20-13708

Filed Date: 2/25/2022

Precedential Status: Non-Precedential

Modified Date: 2/25/2022