UNITED STATES v. GADISON (2021)

[Unpublished]

Deleon Gadison appeals after the district court ¹ 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.

FOOTNOTES

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

PER CURIAM.