United States v. David Antoine Luster

── United States v. David Antoine Luster ── Court: Court of Appeals for the Eleventh Circuit Date: April 13, 2026 Category: NEW USCA11 Case: 24-13731 Document: 43-1 Date Filed: 04/13/2026 Page: 1 of 7 NOT FOR PUBLICATION In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 24-13731 Non-Argument Calendar ____________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus DAVID ANTOINE LUSTER, Defendant-Appellant. ____________________ Appeal from the United States District Court for the Middle District of Georgia D.C. Docket No. 5:03-cr-00052-TES-CHW-2 ____________________ Before ROSENBAUM, ABUDU, and ANDERSON, Circuit Judges. PER CURIAM: David Luster appeals the district court’s order denying his motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A). Luster argues that the district court erred in its judgment that he USCA11 Case: 24-13731 Document: 43-1 Date Filed: 04/13/2026 Page: 2 of 7 2 Opinion of the Court 24-13731 did not show any extraordinary and compelling reason to warrant his release based on changes in law since the time of his sentencing. He further argues that the district court abused its discretion in finding that the 18 U.S.C. § 3553(a) factors weighed against his re- lease. Standard of Review We review de novo whether a defendant is eligible for a sen- tence reduction under 18 U.S.C. § 3582(c)(1)(A). United States v. Giron, 15 F.4th 1343, 1345 (11th Cir. 2021). We review a district court’s denial of a prisoner’s request for compassionate release un- der § 3582(c)(1)(A) for abuse of discretion. Id. A district court abuses its discretion if it applies an incorrect legal standard, follows improper procedures, or makes clearly erroneous factual findings. Id. Background Between 2002 and April 2003, Luster and his uncle commit- ted a series of bank robberies across Georgia, Florida, South Caro- lina, and Tennessee. They accumulated over $600,000 across eight incidents. During these events, Luster and his uncle possessed and brandished firearms, and on two occasions, a gun was placed against a bank employee’s head. Following his arrest in 2003, a grand jury in the Middle Dis- trict of Georgia charged Luster in a superseding indictment with two counts of bank robbery, in violation of 18 U.S.C. §§ 2113(a) and (d) (Counts 1 and 3); two counts of possession of a firearm in fur- therance of a crime of violence, in violation of 18 U.S.C. § 924(c) USCA11 Case: 24-13731 Document: 43-1 Date Filed: 04/13/2026 Page: 3 of 7 24-13731 Opinion of the Court 3 and § 2 (Counts 2 and 4); and two counts of being a felon in posses- sion of a weapon, in violation of 18 U.S.C. § 922(g) and § 924(e) (Counts 5 and 6). Luster pled guilty to Counts 1–4 under a written plea agreement. The district court sentenced Luster to a total of 535 months’ imprisonment. The sentence broke down as follows: the court sen- tenced Luster to 151 months on Counts 1 and 3, to run concurrent with his convictions in the cases from the other jurisdictions; 84 months’ imprisonment on Count 2; and 300 months’ imprison- ment on Count 4, each to run consecutive. Si