United States v. Larive
5:20-cr-50057
| D.S.D. | Jul 29, 2025Background
- Shannon Larive was convicted for a series of armed robberies in Rapid City, South Dakota, in March 2020.
- He pleaded guilty to one count of interference with commerce by robbery and one count of brandishing a firearm; other counts were dismissed as part of a plea agreement.
- Larive was sentenced to a total of 144 months (60 months on robbery, 84 consecutive months for firearm use).
- While incarcerated, Larive was assaulted by another inmate after warning staff, was subjected to harassment, and claims these experiences have had lasting, severe effects on his well-being.
- Larive filed motions for compassionate release under 18 U.S.C. § 3582(c)(1)(A) and for a sentence reduction under Amendment 821 to the Sentencing Guidelines (18 U.S.C. § 3582(c)(2)).
- The government opposed both motions, but the Court granted partial relief, reducing both sentences.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Compassionate Release (Extraordinary Circumstances) | Larive is not entitled since his assault was by another prisoner, not staff; no formal conviction or finding | The combined harsh conditions, assault, harassment, and retaliation amount to extraordinary and compelling reasons | Court agrees with Larive: circumstances qualify under USSG § 1B1.13(b)(5) "catch-all" provision |
| Sentence Reduction Under Amendment 821 | Guidelines amendment is inapplicable or reduction not warranted given §3553(a) factors | Larive is eligible because his criminal history category is reduced, lowering the guidelines range | Court grants reduction: Larive's sentence lowered under the new guideline range |
| Family Circumstances as Basis for Reduction | Family circumstances do not rise to extraordinary/compelling; parents not incapacitated | Family health and need for support add to compelling reasons | Court: Family circumstances alone not compelling for reduction |
| Application of § 3553(a) Factors | Reduction undermines seriousness of the offense and deterrence | Rehabilitative efforts and harsh incarceration mitigate overall punishment | Court finds reduction still meets §3553(a); releases partially granted |
Key Cases Cited
- Dillon v. United States, 560 U.S. 817 (2010) (sets forth two-step process for sentence modifications under guideline amendments)
- United States v. Murry, 24-1791 (8th Cir. 2025) (reiterates two-step analysis for § 3582(c)(2) reductions)
- United States v. Alcantar Mercado, 24-2590 (8th Cir. 2025) (district courts have latitude in applying §3553(a) factors in sentence reductions)