United States v. Fleifel ( 2021 )

Case: 20-11195 Document: 00515918375 Page: 1 Date Filed: 06/29/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
June 29, 2021
No. 20-11195
Summary Calendar Lyle W. Cayce
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 untimely motion for reconsideration of its
order denying his motion for compassionate release. The Government
contends that the district court lacked jurisdiction, and it has moved to
*
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opinion should not be published and is not precedent except under the limited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: 20-11195 Document: 00515918375 Page: 2 Date Filed: 06/29/2021
No. 20-11195
dismiss the appeal. The Government is correct that the district court lacked
jurisdiction over Fleifel’s reconsideration motion given that he had appealed
the underlying order denying compassionate release months before moving
for reconsideration. See Griggs v. Provident Consumer Disc. Co., 459 U.S. 56,
58 (1982). However, in similar circumstances we have not dismissed the
appeal but instead have affirmed on alternative jurisdictional grounds. See,
e.g., United States v. Early, 27 F.3d 140, 142 (5th Cir. 1994). Accordingly,
DENY the motion to dismiss the appeal, DISPENSE with further briefing,
and AFFIRM the district court’s denial of reconsideration.
The Government’s motion for an extension of time to file its brief is
DENIED. Fleifel’s motions to consolidate this appeal with his appeal from
the district court’s original order, in case number 20-10681, and for
appointment of counsel are also DENIED.
2