Opinions Nov. 5, 2021
7th Circuit Court of Appeals
USA v. Timothy Kurzynowski
20-3491
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson.
Criminal. Affirms the denial of Timothy Kurzynowski’s motion for compassionate release from his 96-month sentence for conviction for distribution of child pornography pursuant to § 603 of the First Step Act of 2018, 18 U.S.C. § 3582(c)(1)(A)(i). Finds the Southern District Court properly exercised its discretion in denying Kurzynowski’s motion. Also finds that 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.