Abuse of Discretion – Compassionate Release

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7^th Circuit Court of Appeals

Case Name: United States of America v. Timothy Kurzynowski

Case No.: 20-3491

Officials: BRENNAN, SCUDDER, and ST. EVE, Circuit Judges.

Focus: Abuse of Discretion – Compassionate Release

Timothy Kurzynowski pleaded guilty to distributing child pornography. He admitted to officers that he spent years in internet chatrooms discussing sexual behavior involving minors and that his sexual interest focused on 10- to 13-year-old boys. His more recent online conversations explored fantasies of cooking and eating children. In 2015, the district court sentenced Kurzynowski to 96- months in prison. Kurzynowski thereafter moved for compassionate release pursuant to § 603 of the First Step Act of 2018, 18 U.S.C. § 3582(c)(1)(A)(i). The district court denied the motion. Kurzynowski appeals, arguing the district court improperly thought the Sentencing Commission’s criteria in U.S.S.G. § 1B1.13 constrained its discretion.

We affirm for two reasons. First, the district court properly exercised its discretion in denying Kurzynowski’s motion. Second, under United States v. Broadfield, 5 F.4th 801 (7th Cir. 2021), the fact that Kurzynowski is vaccinated precludes a finding that the COVID-19 pandemic presents extraordinary and compelling reasons for his release.

Affirmed

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Derek A Hawkins is Corporate Counsel, at Salesforce.