United States v. Daraya Marshall
CourtCourt of Appeals for the D.C. Circuit
Date FiledOctober 26, 2026
Docket26-3007
StatusUnpublished
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Full Opinion
United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
____________
No. 26-3007 September Term, 2026
1:15-cr-00117-TSC-1
Filed On: October 26, 2026
United States of America,
Appellee
v.
Daraya Marshall, also known as Dee,
Appellant
ON APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
BEFORE: Millett, Walker*, and Childs, Circuit Judges
JUDGMENT
This appeal was considered on the record from the United States District Court
for the District of Columbia and on the memoranda of law and fact filed by the parties.
The court has determined that the issues presented occasion no need for an opinion.
See D.C. Cir. Rule 36. It is
ORDERED AND ADJUDGED that the district court’s order filed on December 9,
2025, denying appellant’s third motion for compassionate release or a sentence
reduction, be affirmed. Appellant has not shown that the district court abused its
discretion in denying his motion. See United States v. Long, 997 F.3d 342, 352 (D.C.
Cir. 2021). The district court did not abuse its discretion in concluding that the factors in
18 U.S.C. § 3553(a) did not weigh in favor of compassionate release under 18 U.S.C.
§ 3582(c)(1)(A). See United States v. Rosebar, 159 F.4th 63, 67 (D.C. Cir. 2025)
(disagreement with the district court’s weighing of the § 3553(a) sentencing factors is
not sufficient to show an abuse of discretion). In so concluding, the district court
properly considered the offense conduct to which appellant stipulated when pleading
guilty. In addition, appellant has shown no error in the district court’s conclusion that he
was not eligible for a sentence reduction under 18 U.S.C. § 3582(c)(2).
*
A concurring statement by Circuit Judge Walker is attached.
United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
____________
No. 26-3007 September Term, 2026
Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk
is directed to withhold issuance of the mandate herein until seven days after resolution
of any timely petition for rehearing or petition for rehearing en banc. See Fed. R. App.
P. 41(b); D.C. Cir. Rule 41.
Per Curiam
FOR THE COURT:
Clifton B. Cislak, Clerk
BY: /s/
Daniel J. Reidy
Deputy Clerk
Page 2
WALKER, Circuit Judge, concurring:
In Daraya Marshall’s appellate brief, he refers to the
district court’s denial of his motion for compassionate release
and then asks: “Is this to say that no matter what Marshall does
it will never be enough?” That question is perhaps better
directed at the district court, which will decide any future
motions for release, in the exercise of its discretion. But since
Marshall asked us, I will answer, if only for myself and based
only on the record before us.
* * *
At his plea hearing, Daraya Marshall agreed to a Statement
of Offense that said he “ran a prostitution business out of his
apartment.”1 At times, he “had six or more women and girls
prostituting for him.”2 Marshall knew that four of them were
14, 15, 16, and 17 years old.3 He took pictures of them “and
posted the pictures along with advertisements on
Backpage.com, a website used for commercial sex.”4
“One of the images taken by Marshall . . . depicts then 15-
year old M.G. from her neck down to her ankles. M.G. is
completely naked and she is standing with her left foot resting
on the seat of a chair, opening her legs so that her genitalia is
1
Statement of Offense, Dkt. 129 at 1.
2
Id.
3
Id. at 4 (M.G. was initially 15 and was later 16), 5 (M.S. was 17), 6
(A.C. was 14; L.A. was 15).
M.G. was 15 when Marshall began prostituting her. She initially
told him she was 18. After she turned 16, Marshall “learned that
M.G. was 16 years old” and “told her that he knew she was 16 years
old. Defendant Marshall continued to post M.G. on Backpage.com
and take a cut of the proceeds of any resulting commercial sex
transactions even after learning M.G. was 16 years old.” Id. at 4.
4
Id. at 1.
2
both visible and at the center of the photograph.”5 Marshall
also “used his cell phone to take a series of pictures and videos
of M.G., who was then 16 years old, at a stripper party . . . .
M.G. appears to be engaging in oral-genital sexual intercourse
with [a seated] female.”6 Another video shows M.G. with “her
left hand inserted into the vagina of the sitting female.”7
M.G. and the other three underage girls “did ‘in calls,’
where the customer came to the defendant Marshall’s
apartment to exchange money for sex, and ‘out calls,’ where
[Marshall and his co-defendant] transported or arranged
transportation for the women and girls to go to the customer’s
location to exchange sex for money. . . . Defendant Marshall
received a substantial cut of the proceeds earned.”8
Marshall also had sex with some of his victims. When
Marshall was 34 years old, he “had vaginal intercourse with
M.G. when M.G. was 15 years old.”9 When he was 35 years
old, he “engaged in vaginal intercourse with 14 year old
A.C.”10
On the eve of trial, “Marshall pleaded guilty to six counts
of sex trafficking and related crimes against minors.”11 The
U.S. Sentencing Guidelines called for life imprisonment.12 The
Government sought 50 years. The Probation Office
5
Id. at 2–3.
6
Id. at 3.
7
Id. at 4.
8
Id. at 1–2.
9
Id. at 2.
10
Id. at 6.
11
United States v. Marshall, 946 F.3d 591, 594 (D.C. Cir. 2020).
12
Sentencing Hearing, Dkt. 179 at 21.
3
recommended 45 years.13 The district court instead sentenced
Marshall to only 25 years.14
Marshall is just one decade into his incarceration.15 He has
already moved three times for compassionate release.16 The
district court denied each motion.17
Appealing the most recent of those denials, Marshall
claims that the district court relied on “false and inflammatory
statements that were unsupported by actual evidence.”18 That
is incorrect. Marshall stipulated to each of those statements
when he pleaded guilty.19
Marshall says he now accepts full responsibility for his
crimes.20 But in his next breath, he blames the victims. For
example, he says that “these young women lied . . . about their
age and presented themselves to be adults,”21 even though
Marshall confessed to prostituting them after learning they
were under age.22
13
Id. at 25.
14
Id. at 63.
15
Dkt. 199 at 4.
16
See Dkt. 199 at 1; Dkt. 196 at 1; Dkt. 194 at 1.
17
See Dkt. 199 at 1; Dkt. 196 at 1; Dkt. 194 at 1.
18
See Appellant’s Mem. at 3.
19
See Statement of Offense, Dkt. 129 at 1–7; see also Plea Hr’g
Transcript Dkt. 177 at 13-19.
20
See Appellant’s Mem. at 3; see also id. at 5 (“Marshall is not trying
to make light of his actual crimes.”).
21
See Appellant’s Mem. at 4.
22
Statement of Offense, Dkt. 129 at 4 (M.G.), 5 (M.S.), 6 (A.C. and
L.A.).
4
Finally, Marshall notes that the district court said it would
“be more willing to consider a motion for compassionate
release at a later date and if Marshall provides more substantial
documentation of his alleged medical issues.”23 But Marshall
should not get his hopes up. Though I cannot be sure, I suspect
the statement means that new evidence of illness might move
the needle on Marshall’s compassionate-release motion from
“frivolous” to merely “meritless.”24
* * *
Daraya Marshall is serving only half the fifty years
proposed by the Government, and far less than the lifetime in
prison recommended by the Guidelines. That sentence already
provides for the earliest and most “compassionate release” that
justice allows.25
23
See Appellant’s Mem. at 10; Dkt. 199 at 5.
24
I say I cannot be sure because the district court is positioned to
know the defendant, the victims, and the case’s record in a way that
no appellate court can.
25
See 18 U.S.C. § 3553(a).