United States v. Crawford ( 2021 )

Case: 20-10904 Document: 00515781577 Page: 1 Date Filed: 03/15/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
No. 20-10904 March 15, 2021
Summary Calendar Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Malcolm Douglas Crawford,
Defendant—Appellant.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 5:17-CR-26-1
Before Wiener, Southwick, and Duncan, Circuit Judges.
Per Curiam:*
Malcolm Douglas Crawford, federal prisoner # 55651-177, pleaded
guilty to one count of giving a false statement to a government agent, and the
district court imposed a sentence of 57 months in prison to be followed by
three years of supervised release. Crawford now challenges the district
*
Pursuant to 5th Circuit Rule 47.5, the court has determined that this
opinion should not be published and is not precedent except under the limited
circumstances set forth in 5th Circuit Rule 47.5.4.
Case: 20-10904 Document: 00515781577 Page: 2 Date Filed: 03/15/2021
No. 20-10904
court’s denial of his motion for compassionate release pursuant to 18 U.S.C.
§ 3582(c)(1)(A), as amended by the First Step Act of 2018 (First Step Act),
Pub. L. No. 115-391, § 404, 132 Stat. 5194. Crawford argues that he is entitled
to compassionate release under § 3582(c)(1)(A) due to the extraordinary and
compelling circumstances COVID-19 poses in a prison setting, particularly
in light of his history of multiple serious medical conditions, including
(1) nonalcoholic steatohepatitis (NASH), (2) end stage liver disease,
(3) kidney failure, (4) diabetes, (5) mini strokes, and (6) chronic anemia. He
further asserts that the 18 U.S.C. § 3553(a) factors weigh in his favor. To the
extent that Crawford separately moves for compassionate release, the motion
is DENIED.
We review the district court’s decision to deny a prisoner’s motion
for compassionate release for an abuse of discretion. United States
v. Chambliss, 948 F.3d 691, 692-93 & n.2 (5th Cir. 2020). The district court
concluded that Crawford was not entitled to an early release because his
medical conditions did not create an extraordinary or compelling
circumstance and, in the alternative, the 18 U.S.C. § 3553(a) factors did not
weigh in his favor. The Government concedes that in conjunction with
COVID-19, some of Crawford’s medical conditions create extraordinary and
compelling reasons qualifying him for relief. However, regarding the district
court’s alternative basis for denial, Crawford has not provided any evidence
or case law to demonstrate that the district court (1) based its decision on a
legal error or on an erroneous assessment of the facts or (2) failed to consider
a factor required by law. Chambliss, 948 F.3d at 693; United States v. Larry,
632 F.3d 933, 936 (5th Cir. 2011). Crawford’s mere disagreement with the
district court’s weighing of the sentencing factors is not sufficient to
demonstrate abuse of discretion. Chambliss, 948 F.3d at 693. Accordingly,
the judgment is AFFIRMED.
2