United States v. Larry Douglas McPherson

── United States v. Larry Douglas McPherson ── Court: Court of Appeals for the Eleventh Circuit Date: May 04, 2026 Category: NEW USCA11 Case: 25-12539 Document: 23-1 Date Filed: 05/04/2026 Page: 1 of 9 NOT FOR PUBLICATION In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 25-12539 Non-Argument Calendar ____________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus LARRY DOUGLAS MCPHERSON, Defendant-Appellant. ____________________ Appeal from the United States District Court for the Southern District of Alabama D.C. Docket No. 1:10-cr-00132-CG-N-1 ____________________ Before ROSENBAUM, JILL PRYOR, and BRANCH, Circuit Judges. PER CURIAM: Larry McPherson, proceeding pro se, appeals the district court’s orders denying his motion for compassionate release, under 18 U.S.C. § 3582(c)(1)(A)(i), and his motion for redacted copies of USCA11 Case: 25-12539 Document: 23-1 Date Filed: 05/04/2026 Page: 2 of 9 2 Opinion of the Court 25-12539 victim-impact statements that were submitted under seal by the government in opposition to his motion. He argues that the dis- trict court abused its discretion by denying his motions without providing any reasons for its rulings. We agree that the record does not permit meaningful review of the court’s decisions, so we vacate and remand for further proceedings. I. In 2011, a federal jury convicted McPherson of attempted enticement of a minor to engage in unlawful sexual activity, see 18 U.S.C. § 2422(b); attempted production of child pornography, see id. § 2251(a) & (e); and possession of child pornography, see id. § 2252A(A)(5)(B). The district court sentenced McPherson to 235 months of imprisonment, at the low end of the guideline range of 235 to 293 months. To explain its decision, the court cited the mit- igating factors of McPherson’s physical and mental condition and age (68 at sentencing). We affirmed his convictions on direct ap- peal. See United States v. McPherson, 587 F. App’x 556, 563 (11th Cir. 2014). The information before the district court at sentencing re- flected that McPherson suffered from extensive health problems, including diabetes, high blood pressure, and non-obstructive coro- nary artery disease. The report noted that McPherson’s conditions put him at a risk for serious health problems like heart attack, heart failure, or stroke. In 2021, McPherson filed a counseled motion for compas- sionate release under 18 U.S.C. § 3582(c)(1)(A) based on his age USCA11 Case: 25-12539 Document: 23-1 Date Filed: 05/04/2026 Page: 3 of 9 25-12539 Opinion of the Court 3 (79), extensive health conditions, and the COVID-19 pandemic. The district court denied the motion. The court found that McPherson “already suffered from most of his medical conditions when he was sentenced for his crimes and that his conditions are well managed.” And it observed that the medical records “fail to corroborate that McPherson’s age is causing a serious deterioration of his health or that his conditions prevent him from providing self- care within prison.” The court further concluded that, even assum- ing McPherson was eligible for relief, the § 3553(a) f