United States v. Michael Pahutski ( 2022 )


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  •                                      UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 21-7574
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    v.
    MICHAEL D. PAHUTSKI,
    Defendant - Appellant.
    Appeal from the United States District Court for the Western District of North Carolina, at
    Charlotte. Martin K. Reidinger, Chief District Judge. (3:07-cr-00211-MR-1)
    Submitted: March 29, 2022                                          Decided: April 1, 2022
    Before HARRIS, QUATTLEBAUM, and HEYTENS, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    Michael D. Pahutski, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Michael D. Pahutski appeals the district court’s order denying his 
    18 U.S.C. § 3582
    (c)(1)(A)(i) motion for compassionate release. We review a district court’s order
    granting or denying a compassionate release motion for abuse of discretion. United States
    v. Kibble, 
    992 F.3d 326
    , 329 (4th Cir.) (providing standard of review), cert. denied, 
    142 S. Ct. 383
     (2021).
    Upon review of the record, we discern no such abuse of discretion. Specifically, the
    district court denied Pahutski’s motion after assuming, in the alternative, that Pahutski
    demonstrated extraordinary and compelling reasons that warranted a sentence reduction,
    discussing the applicable 
    18 U.S.C. § 3553
    (a) factors, and sufficiently explaining its
    reasons for the denial decision. See United States v. High, 
    997 F.3d 181
    , 188-91 (4th Cir.
    2021) (rejecting “the categorical rule” that, in deciding a compassionate release motion,
    “district courts must not only consider the parties’ arguments . . . but must also invariably
    acknowledge and address each of the defendant’s arguments on the record”). Accordingly,
    we affirm the district court’s order. United States v. Pahutksi, 3:07-cr-00211-MR-1
    (W.D.N.C. Oct. 29, 2021). 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
    2
    

Document Info

Docket Number: 21-7574

Filed Date: 4/1/2022

Precedential Status: Non-Precedential

Modified Date: 4/1/2022