[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

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No. 20-14516

Non-Argument Calendar

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D.C. Docket No. 1:19-cr-00300-CG-MU-1

UNITED STATES OF AMERICA, 

 Plaintiff-Appellee,

versus

ALEXANDER LEO RODGERS, 

 Defendant-Appellant.

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Appeal from the United States District Court

for the Southern District of Alabama

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(March 31, 2021)

Before JORDAN, GRANT, and BRASHER, Circuit Judges.

PER CURIAM:

Alexander Leo Rodgers, proceeding pro se, appeals the district court’s denial 

of his motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A). Rodgers 

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argues that the district court erred in denying his motion because he demonstrated 

extraordinary and compelling reasons warranting relief through evidence that he is 

at high risk for contracting a severe case of COVID-19. Rodgers also argues that the 

district court abused its discretion by denying his motion based solely on the fact 

that he has served less than half of his sentence and without considering other 

relevant factors under 18 U.S.C. § 3553(a). Because the district court did not abuse 

its discretion in denying relief based on the Section 3553(a) factors, we do not need 

to reach whether the court erred in its extraordinary and compelling analysis. 

Accordingly, we affirm. 

We review the district court’s denial of an eligible prisoner’s 

Section 3582(c)(1)(A) motion for abuse of discretion. United States v. Harris, --

F.3d --, No. 20-12023, slip op. at 6 (11th Cir. Mar. 2, 2021). A district court abuses 

its discretion by applying the incorrect legal standard, following improper 

procedures in making its determination, or making clearly erroneous factual 

findings. Id. “The application of an abuse-of-discretion review recognizes the range 

of possible conclusions the trial judge may reach.” United States v. Frazier, 387 F.3d 

1244, 1259 (11th Cir. 2004) (en banc). We will affirm, therefore, even if we would 

have decided an issue differently, so long as the district court did not commit a clear 

error of judgment. Id. 

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Section 3582(c) provides limited exceptions to the general rule that district 

courts lack the authority to modify a term of imprisonment after it becomes final. 

United States v. Jones, 962 F.3d 1290, 1297 (11th Cir. 2020). Under certain 

circumstances, a district court “may reduce the term of imprisonment . . . , after 

considering the factors set forth in section 3553(a) to the extent they are applicable.” 

18 U.S.C. § 3582(c)(1)(A), (c)(2). Under Section 3553(a), a defendant’s sentence 

must be sufficient, but not greater than necessary, to achieve the goals of sentencing, 

which are: reflecting the seriousness of the offense, promoting respect for the law, 

providing just punishment, deterring future criminal conduct, protecting the public, 

and providing the defendant with any needed training or treatment. Id. § 3553(a)(2). 

Section 3553(a) also requires district courts to consider the nature and circumstances 

of the offense, the defendant’s history and characteristics, the kinds of sentences 

available, the Sentencing Guidelines, any pertinent policy statement, the need to 

avoid disparate sentences for defendants with similar records, and the need to 

provide restitution to any victims. Id. § 3553(a)(1), (3)-(7). A defendant’s criminal 

history fits “squarely” into Section 3553(a)’s consideration of the defendant’s 

history and characteristics. United States v. Williams, 526 F.3d 1312, 1324 (11th Cir. 

2008).

Here, the district court did not abuse its discretion in denying Rodgers’ motion 

for compassionate release. Separate from its extraordinary-and-compelling analysis, 

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it denied relief based on the Section 3553(a) factors. So we affirm on that 

discretionary ground. The district court explicitly considered the goals of sentencing 

and Rodgers’ personal history and characteristics in denying his motion. And it 

considered the amount of time that he had served on his sentence only as it was 

relevant to determining that compassionate release “would fail to reflect the 

seriousness of his offense, promote respect for the law, provide just punishment, 

afford adequate deterrence, and protect the public.” Accordingly, the district court’s 

denial of Rodgers’s motion did not constitute a clear error of judgment. Frazier, 387 

F.3d at 1259. 

AFFIRMED.

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