Unreported / Non-Citable
Background
Broderick Wade York is serving several federal prison terms, including consecutive life sentences under 18 U.S.C. § 924(c)(1), for offenses arising from a botched bank robbery and a later attempt to murder a witness.
York moved for compassionate release under 18 U.S.C. § 3582(c)(1)(A). The district court denied relief, and York appealed only its conclusion that it lacked authority to treat the First Step Act’s nonretroactive elimination of sentence stacking under § 924(c) as an extraordinary and compelling reason to reduce his consecutive life sentences. The Fifth Circuit held that York waived any challenge to the district court’s other determinations by failing to raise them on appeal.
The Court’s Holding
The Fifth Circuit affirmed the denial of compassionate release. It relied on the Supreme Court’s decision in Rutherford v. United States, which held that the First Step Act’s nonretroactive change to § 924(c), whether considered alone or together with other factors, cannot make a prisoner eligible for compassionate release.
Because Rutherford controlled the sole issue York presented, the court affirmed without further briefing. It denied the government’s motion for summary affirmance or, alternatively, for additional time to file a merits brief, while affirming the district court’s judgment.
Key Takeaways
- A nonretroactive change to § 924(c)’s sentence-stacking rules cannot establish eligibility for compassionate release, either by itself or in combination with other factors.
- The Supreme Court’s decision in Rutherford foreclosed York’s only appellate argument.
- Arguments not raised on appeal are waived, leaving the district court’s other grounds for denying relief unchallenged.
Why It Matters
The decision confirms that defendants serving lengthy pre-First Step Act sentences cannot use compassionate release to obtain the benefit of Congress’s nonretroactive change to § 924(c) sentence stacking. In the Fifth Circuit, courts must apply Rutherford even when the sentencing disparity is presented alongside other circumstances.