United States v. Allison Jontil Barnes
20-13241
| 11th Cir. | Jul 7, 2021Background
- Allison Barnes, proceeding pro se, appealed the district court’s denial of her compassionate-release motion under 18 U.S.C. § 3582(c)(1)(A) as amended by the First Step Act.
- The district court assumed Barnes’s severe obesity might qualify as an "extraordinary and compelling" medical condition but denied relief after considering 18 U.S.C. § 3553(a) factors.
- The court emphasized Barnes had served just over half her sentence and concluded early release would not reflect the seriousness of the offense, promote respect for the law, provide just punishment, or afford adequate deterrence.
- As an alternative ground, the court found it could not conclude Barnes was not a danger to the community under U.S.S.G. § 1B1.13(2).
- Barnes was convicted of conspiracy to engage in sex trafficking of a minor: she acted as the minor’s pimp, arranged dates, took a share of proceeds, participated in producing photos/videos used in ads, transported/rented rooms for prostitution, provided the minor with meth, and used an alias at arrest.
- The Eleventh Circuit reviewed for abuse of discretion and affirmed: the district court considered relevant § 3553(a) factors, did not consider irrelevant factors, and reasonably found Barnes might pose a danger.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court abused its discretion in denying compassionate release under § 3582(c)(1)(A) by weighing § 3553(a) factors | Barnes: her severe obesity is an extraordinary and compelling medical condition warranting release | District court/Government: § 3553(a) factors (nature of offense; time served) weigh heavily against release | Affirmed — no abuse of discretion; court considered and reasonably weighed § 3553(a) factors |
| Whether the court properly found Barnes might be a danger to the community under U.S.S.G. § 1B1.13(2) | Barnes: supervised-release conditions would mitigate any danger | Court/Government: offense conduct (pimping a minor, producing sexual images, drugging, deception) indicates a community danger risk | Affirmed — court reasonably concluded it could not find Barnes was not a danger |
| Whether time served is a proper § 3553(a) consideration when deciding compassionate release | Barnes: early release sought despite having served only part of the sentence | Government: remaining sentence time informs whether relief would be consistent with the original § 3553(a) considerations | Affirmed — time remaining may inform consistency with § 3553(a) purposes (per Pawlowski) |
Key Cases Cited
- United States v. Bryant, [citation="996 F.3d 1243"] (11th Cir. 2021) (abuse-of-discretion review of § 3582(c)(1)(A) decisions)
- United States v. Harris, [citation="989 F.3d 908"] (11th Cir. 2021) (district court has a range of choice under abuse-of-discretion)
- United States v. Irey, [citation="612 F.3d 1160"] (11th Cir. 2010) (en banc) (when a district court abuses discretion in weighing § 3553(a) factors)
- United States v. Kuhlman, [citation="711 F.3d 1321"] (11th Cir. 2013) (weight given to § 3553(a) factors is within district court's discretion)
- United States v. Turner, [citation="474 F.3d 1265"] (11th Cir. 2007) (acknowledgement that court considered § 3553(a) factors is sufficient)
- United States v. Pawlowski, [citation="967 F.3d 327"] (11th Cir. 2020) (time remaining in sentence may inform whether relief aligns with § 3553(a))