United States v. Winston Irons ( 2021 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 21-6199
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
WINSTON R. IRONS, a/k/a Tony,
Defendant - Appellant.
Appeal from the United States District Court for the Northern District of West Virginia, at
Elkins. John Preston Bailey, District Judge. (2:12-cr-00016-JPB-RWT-1)
Submitted: May 25, 2021 Decided: June 3, 2021
Before KING, AGEE, and FLOYD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Winston R. Irons, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Winston R. Irons appeals the district court’s order denying his motion for
compassionate release under 18 U.S.C. § 3582(c)(1)(A), as amended by the First Step Act
of 2018, Pub. L. No. 115-391, § 603(b)(1), 132 Stat. 5194, 5239. We review a district
court’s ruling on a motion for compassionate release for abuse of discretion. United
States v. Kibble, 992 F.3d 326, 329 (4th Cir. 2021).
The district court may reduce a term of imprisonment under 18 U.S.C.
§ 3582(c)(1)(A)(i) if “extraordinary and compelling reasons warrant such a reduction.” “In
the context of the COVID-19 outbreak, courts have found extraordinary and compelling
reasons for compassionate release when an inmate shows both a particularized
susceptibility to the disease and a particularized risk of contracting the disease at his prison
facility.” United States v. Feiling, 453 F. Supp. 3d 832, 841 (E.D. Va. 2020) (citing cases).
We have thoroughly reviewed the record and conclude that Irons failed to make the
requisite showing. Accordingly, we affirm the district court’s order.
We dispense with oral argument because the facts and legal contentions are
adequately presented in the materials before this court and argument would not aid the
decisional process.
AFFIRMED
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