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United States v. Jerry Partee
55f4th1124
| 7th Cir. | 2022
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Case Information

*1 DIANE S. SYKES, Chief Judge

FRANK H. EASTERBROOK, Circuit Judge MICHAEL B. BRENNAN, Circuit Judge No. 20-2863

UNITED STATES OF AMERICA, Appeal from the United States District

Plaintiff-Appellee , Court for the Northern District of Illinois, Western Division.

v .

No. 00 CR 50049 JERRY K. PARTEE,

Defendant-Appellant . Philip G. Reinhard, Judge .

O R D E R

More than halfway through his 34-year sentence for drug distribution, Jerry Partee moved for a sentence reduction under § 404 of the First Step Act, Pub. L. No. 115- 391, 132 Stat. 5194, on grounds that he was convicted of a “covered offense” within the *2 No. 20-2863 Page 2 meaning of § 404. He alternatively sought compassionate release under 18 U.S.C. § 3582(c)(1)(A)(i) based on medical conditions (obesity, osteoarthritis, and hyperlipidemia) that he believed put him at great risk of complications during the COVID-19 pandemic.

The district court denied relief. The judge ruled that Partee was eligible for a reduction under the First Step Act, but the factors under 18 U.S.C. § 3553(a)— particularly his extensive disciplinary history in prison and the seriousness of his prior criminal history—did not favor a reduced sentence. And after acknowledging Partee’s health concerns, the judge similarly denied the motion for compassionate release based on the § 3553(a) factors.

On appeal, Partee challenges only the denial of his motion under the First Step Act. But he does not develop a coherent legal argument or engage the district judge’s reasons for denying the motion. See F ED . R. A PP . P. 28(a)(8); White v. Am. Fam. Mut. Ins. Co. , No. 20-1803, 2022 WL 59403 at *1 (7th Cir. Jan. 6, 2022). Regardless, the judge acted well within his broad discretion to determine that the identified § 3553(a) factors weighed against a sentence reduction.

AFFIRMED

[*] We have agreed to decide the case without oral argument because the briefs and record adequately present the facts and legal arguments, and oral argument would not significantly aid the court. F ED . R. A PP . P. 34(a)(2)(C).

Case Details

Case Name: United States v. Jerry Partee
Court Name: Court of Appeals for the Seventh Circuit
Date Published: Apr 4, 2022
Citation: 55f4th1124
Docket Number: 20-2863
Court Abbreviation: 7th Cir.
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