USCA11 Case: 22-13990 Document: 19-1 Date Filed: 07/05/2023 Page: 1 of 3
[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 22-13990
Non-Argument Calendar
____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GREGORY RICHARDSON,
Defendant-Appellant.
____________________
Appeal from the United States District Court
for the Southern District of Florida
D.C. Docket No. 0:12-cr-60294-RNS-1
____________________
USCA11 Case: 22-13990 Document: 19-1 Date Filed: 07/05/2023 Page: 2 of 3
2 Opinion of the Court 22-13990
Before WILLIAM PRYOR, Chief Judge, and NEWSOM and GRANT, Cir-
cuit Judges.
PER CURIAM:
Gregory Richardson, a federal prisoner, appeals the denial of
his second motion for compassionate release,
18 U.S.C.
§ 3582(c)(1)(A). He argues that the district court failed to provide
him procedural due process by denying his motion for compassion-
ate release before he filed his reply to the government’s response.
We discern no due-process violation, so we affirm.
The docket reflects that Richardson’s reply was due on Oc-
tober 11, 2022. Yet he did not sign and deliver his reply to prison
officials for mailing until October 18, 2022, the same day that the
district court denied his motion. The district court received his re-
ply on November 2, 2022, construed the reply as a motion for re-
consideration, and denied reconsideration.
The district court was not to blame for Richardson’s failure
to file a timely reply. And he cites no binding authority establishing
that due process required the district court to wait beyond the filing
deadline before denying his motion. Further, Richardson does not
dispute and has abandoned any challenge that he could have made
to the findings by the district court that his medical conditions did
not establish extraordinary and compelling reasons, he failed to
prove that he would not pose a danger to the public, and he failed
to establish that the statutory sentencing factors, 18 U.S.C.
USCA11 Case: 22-13990 Document: 19-1 Date Filed: 07/05/2023 Page: 3 of 3
22-13990 Opinion of the Court 3
§ 3553(a), weighed in favor of reducing his sentence. Sapuppo v. All-
state Floridian Ins. Co.,
739 F.3d 678, 680 (11th Cir. 2014).
We AFFIRM the denial of Richardson’s motion for compas-
sionate release.
