United States v. Deleon Gadison

• Court: Court of Appeals for the Eighth Circuit
• Decided: April 27, 2021
• Docket: 20-2466
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 20-2466 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Deleon Gadison

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Southern District of Iowa - Central ____________

Submitted: April 21, 2021 Filed: April 27, 2021 [Unpublished] ____________

Before SHEPHERD, GRASZ, and KOBES, Circuit Judges. ____________

PER CURIAM. Deleon Gadison appeals after the district court1 denied his motion seeking a sentence reduction under the First Step Act. His counsel has moved for leave to withdraw, and has filed a brief challenging the denial.

Upon careful review, we conclude that the district court did not abuse its discretion in denying Gadison a sentence reduction. See United States v. McDonald, 944 F.3d 769, 771 (8th Cir. 2019) (defendant’s eligibility for reduced sentence under First Step Act is reviewed de novo, and district court’s decision to grant or deny authorized sentence reduction is reviewed for abuse of discretion); United States v. Williams, 943 F.3d 841, 844 (8th Cir. 2019) (sentencing court must have considered the parties’ arguments and have a reasoned basis for its decision); see also United States v. Banks, 960 F.3d 982, 984 (8th Cir. 2020) (this court presumes that district court has considered arguments raised by defendant).

Accordingly, we affirm the judgment of the district court and grant counsel permission to withdraw. ______________________________

1 The Honorable Stephanie M. Rose, United States District Judge for the Southern District of Iowa.

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