Case: 21-60187 Document: 00515963889 Page: 1 Date Filed: 08/03/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
August 3, 2021
No. 21-60187 Lyle W. Cayce
Summary Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Ance Payton,
Defendant—Appellant.
Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 3:18-CR-105-1
Before Higginbotham, Higginson, and Duncan, Circuit Judges.
Per Curiam:*
Ance Payton, federal prisoner # 20902-043, pleaded guilty to two
counts of possession with intent to distribute a controlled substance, and he
was sentenced to a total sentence of 79 months in prison. He now appeals
the district court’s denial of his 18 U.S.C. § 3582(c)(1)(A) motion for
*
Pursuant to 5th Circuit Rule 47.5, the court has determined that this
opinion should not be published and is not precedent except under the limited
circumstances set forth in 5th Circuit Rule 47.5.4.
Case: 21-60187 Document: 00515963889 Page: 2 Date Filed: 08/03/2021
No. 21-60187
compassionate release due to the COVID-19 pandemic. Payton contends
that his health conditions (hypertension and obesity) and his race (African
American) create a risk of severe illness due to COVID-19 and constitute
extraordinary and compelling reasons for compassionate release.
As modified by the First Step Act of 2018, § 3582(c)(1)(A)(i) allows a
district court to modify a defendant’s sentence if, after considering any
relevant 18 U.S.C. § 3553(a) factors, it finds that “extraordinary and
compelling reasons warrant such a reduction” and “a reduction is consistent
with applicable policy statements issued by the Sentencing Commission.”
§ 3582(c)(1)(A)(i). We review the district court’s denial of such a motion for
abuse of discretion, giving deference to the district court’s application of the
§ 3553(a) sentencing factors. United States v. Chambliss, 948 F.3d 691, 693
(5th Cir. 2020).
In this case, the district court determined that even if Payton, who had
served only one third of his sentence, had demonstrated extraordinary and
compelling reasons for compassionate release, he was a danger to society and
should not be released. The district court relied on Payton’s extensive
criminal history, which included numerous convictions for drug offenses and
armed drug offenses. When considering a motion for a reduction of sentence
under § 3582(c), the district court “is in a superior position to find facts and
judge their import under § 3553(a) in the individual case.” Chambliss, 948
F.3d at 693 (internal quotation marks and citation omitted). Payton’s
disagreement with how the district court balanced the § 3553(a) factors is
insufficient to establish an abuse of discretion and is “not a sufficient ground
for reversal.” Id. at 694.
Accordingly, the judgment of the district court is AFFIRMED.
2