USCA11 Case: 22-10244 Date Filed: 07/06/2022 Page: 1 of 4 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 22-10244 Non-Argument Calendar ____________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ANJA KARIN KANNELL, Defendant-Appellant. ____________________ Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 1:11-cr-20701-JLK-2 ____________________ USCA11 Case: 22-10244 Date Filed: 07/06/2022 Page: 2 of 4 2 Opinion of the Court 22-10244 Before WILLIAM PRYOR, Chief Judge, JILL PRYOR and BRANCH, Circuit Judges. PER CURIAM: Anja Karin Kannell, a federal prisoner, appeals pro se the de- nial of her successive motion for compassionate release. See 18 U.S.C. § 3582(c)(1)(A). The district court ruled that Kannell failed to identify an extraordinary and compelling reason for early re- lease, U.S.S.G. § 1B1.13, and, in the alternative, that the statutory sentencing factors weighed against granting her motion, 18 U.S.C. § 3553(a). The United States moves for a summary affirmance and to stay the briefing schedule. Because “the position of [the United States] . . . is clearly right as a matter of law so that there can be no substantial question as to the outcome of the case,” Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969), we grant the motion for summary affirmance and dismiss as moot the mo- tion to stay the briefing schedule. The First Step Act provides that a district court may modify a sentence “if it finds that . . . extraordinary and compelling reasons warrant such a reduction” and if “such reduction is consistent with applicable policy statements issued by the Sentencing Commis- sion[.]” 18 U.S.C. § 3582(c)(1)(A)(i); First Step Act of 2018, Pub. L. 115-391, § 603(b), 132 Stat. 5194, 5239. Kannel moved for a sentence reduction to care for her teenage daughter due to the death of her husband. The Sentencing Guidelines provide that family USCA11 Case: 22-10244 Date Filed: 07/06/2022 Page: 3 of 4 22-10244 Opinion of the Court 3 circumstances are an extraordinary and compelling reason to re- duce a sentence in two situations: (1) The death or incapacitation of the caregiver of the de- fendant’s minor child or minor children. (ii) The incapacitation of the defendant’s spouse or regis- tered partner when the defendant would be the only available care- giver for the spouse or registered partner. U.S.S.G. § 1B1.13 cmt. n.1(C). Summary affirmance is appropriate because there is no sub- stantial question that Kannell is not entitled to compassionate re- lease. See Groendyke, 406 F.2d at 1162. In 2012, Kannell and her husband were incarcerated after being convicted of multiple counts of mail fraud, 18 U.S.C. § 1341, wire fraud, id. § 1343, and aggra- vated identity theft, id. § 1029. From the time of their imprison- ment until Kannell’s husband was released in 2020 for a serious medical condition, the Kannells’ daughter had another caregiver. After Kannell’s husband passed away in 2021, Kannell’s stepson as- sumed responsibility for his stepsister. Kannell argues that her …
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