United States v. Fleifel ( 2021 )

Case: 20-10681 Document: 00515887465 Page: 1 Date Filed: 06/04/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
June 4, 2021
No. 20-10681
Lyle W. Cayce
Summary Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Fabian C. Fleifel,
Defendant—Appellant.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:12-CR-318-3
Before Higginbotham, Jones, and Costa, Circuit Judges.
Per Curiam:*
Fabian C. Fleifel, federal prisoner # 57575-018, has appealed the
district court’s order denying his motion for compassionate release pursuant
to 18 U.S.C. § 3582(c)(1)(A)(i). He argues that the district court should have
reduced his sentence to time served in light of the 18 U.S.C. § 3553(a) factors
*
Pursuant to 5th Circuit Rule 47.5, the court has determined that this
opinion should not be published and is not precedent except under the limited
circumstances set forth in 5th Circuit Rule 47.5.4.
Case: 20-10681 Document: 00515887465 Page: 2 Date Filed: 06/04/2021
No. 20-10681
and his health conditions. To the extent he has moved this court for
compassionate release, the motion is DENIED because we cannot decide
such a motion in the first instance as, in context, § 3582 directs the filing of
such motions in the sentencing court. See § 3582(c)(1)(A); see also Dillon v.
United States, 560 U.S. 817, 821 (2010).
We pretermit the question whether the district court erred in
determining that Fleifel failed to exhaust his administrative remedies. See
United States v. Franco, 973 F.3d 465, 467-68 (5th Cir.), cert. denied, 141 S. Ct.
920 (2020). To the extent that Fleifel relies on documents or facts that were
not before the district court, we will not consider them. See Theriot v. Parish
of Jefferson, 185 F.3d 477, 491 n.26 (5th Cir. 1999).
Fleifel has not shown that the district court abused its discretion in
determining that he did not have an extraordinary and compelling reason for
his immediate release. See United States v. Thompson, 984 F.3d 431, 434-35
(5th Cir. 2021), cert. denied, 2021 WL 2044647 (U.S. May 24, 2021) (No. 20-
7832). The district court’s order is AFFIRMED.
2