United States v. Terin Moss
21-10635
| 11th Cir. | Jul 28, 2021Background
- Terin Moss, a federal prisoner incarcerated since 2017, filed a pro se compassionate-release motion under 18 U.S.C. § 3582(c)(1)(A) in late 2020, citing COVID-19 risk and his obesity.
- The government conceded Moss’s obesity qualified as an “extraordinary and compelling” reason under § 3582 and U.S.S.G. § 1B1.13 note 1(a)(ii)(I), but opposed release based on the § 3553(a) sentencing factors.
- The district court denied Moss’s motion after weighing § 3553(a) factors (seriousness of offense, punishment, deterrence, public protection, etc.).
- Moss appealed, arguing the district court undervalued his medical risk, rehabilitation, and the nonviolent nature of his offense.
- The Eleventh Circuit reviewed for abuse of discretion and affirmed, holding the district court adequately considered the § 3553(a) factors and did not abuse its discretion.
- The court noted a separate prior appellate decision vacating one of Moss’s predicate convictions and remanding for resentencing, and clarified this decision does not address appropriate resentencing on remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court abused its discretion by denying Moss’s § 3582(c)(1)(A) motion after finding an extraordinary and compelling reason | District court failed to adequately consider COVID risk, Moss’s obesity/health, his rehabilitation, and that his offense was nonviolent | Government: obesity qualifies but § 3553(a) factors (seriousness, punishment, deterrence, public safety) support denial | Affirmed — no abuse of discretion; district court properly considered § 3553(a) and appellate court will not reweigh factors |
Key Cases Cited
- United States v. Harris, 989 F.3d 908 (11th Cir. 2021) (abuse-of-discretion review standard for compassionate-release denials)
- United States v. Cook, 998 F.3d 1180 (11th Cir. 2021) (district courts must consider all applicable § 3553(a) factors when ruling on compassionate release)
- United States v. Barrington, 648 F.3d 1178 (11th Cir. 2011) (abuse of discretion occurs when incorrect legal standard, improper procedures, or clearly erroneous factual findings are applied)
- Jones v. Fla. Parole Comm’n, 787 F.3d 1105 (11th Cir. 2015) (pro se filings are construed liberally)
- United States v. Croteau, 819 F.3d 1293 (11th Cir. 2016) (weight given to § 3553(a) factors is committed to district court discretion)
- United States v. Irey, 612 F.3d 1160 (11th Cir. 2010) (en banc) (abuse occurs if court ignores significant factors or gives weight to improper factors)
- United States v. Moss, 920 F.3d 752 (11th Cir. 2019) (prior decision vacating a predicate conviction and remanding for resentencing)