United States v. Cummings, 091321 FED2, 20-3156-cr

CourtUnited States Court of Appeals (2nd Circuit)
JudgePRESENT: JOHN M. WALKER, JR., GUIDO CALABRESI, RAYMOND J. LOHIER, JR., Circuit Judges.
PartiesUNITED STATES OF AMERICA, Appellee, v. JOHN CUMMINGS, Defendant-Appellant.
Docket Number20-3156-cr

UNITED STATES OF AMERICA, Appellee,

v.

JOHN CUMMINGS, Defendant-Appellant.

No. 20-3156-cr

United States Court of Appeals, Second Circuit

September 13, 2021

UNPUBLISHED OPINION

SUMMARY ORDER

RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT'S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION ''SUMMARY ORDER''). A PARTY CITING TO A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.

At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 13th day of September, two thousand twenty-one.

Appeal from an order of the United States District Court for the Northern District of New York (Norman A. Mordue, Judge).

FOR DEFENDANT-APPELLANT: Jarrod W. Smith, Jarrod W. Smith, Esq., P.L.L.C., Jordan, NY

FOR APPELLEE: Carla B. Freedman, Thomas R. Sutcliffe, Assistant United States Attorneys, for Antoinette T. Bacon, Acting United States Attorney for the Northern District of New York, Syracuse, NY

PRESENT: JOHN M. WALKER, JR., GUIDO CALABRESI, RAYMOND J. LOHIER, JR., Circuit Judges.

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court is AFFIRMED.

John Cummings appeals from an August 31, 2020 order of the District Court (Mordue, J.) denying his renewed motion for a reduction in sentence pursuant to 18 U.S.C. § 3582(c)(1)(A). In 2019 the District Court sentenced Cummings to 87 months in prison for participating in both a narcotics conspiracy and an international money laundering conspiracy. On June 15, 2020, Cummings moved for compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A), arguing that his sentence should be reduced because his medical conditions put him at a higher risk of severe illness or death from COVID-19. The District Court denied the motion. On August 26, 2020, Cummings filed the renewed motion for compassionate release that is the subject of this appeal, and which the District Court also denied.1 We assume the parties' familiarity with the underlying facts and prior record of proceedings, to which we refer only as necessary to explain our decision to affirm.

Before reducing a defendant's term of imprisonment under the relevant compassionate release provision, 18 U.S.C. § 3582(c)(1)(A), a district court must "find[] that . . . extraordinary and compelling reasons warrant such a reduction," 18 U.S.C....

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