United States v. Campbell ( 2022 )

Case: 20-61174 Document: 00516229896 Page: 1 Date Filed: 03/08/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
March 8, 2022
No. 20-61174
Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Alvin Carnail Campbell,
Defendant—Appellant.
Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 3:18-CR-47-1
Before Wiener, Graves, and Duncan, Circuit Judges.
Per Curiam:*
Alvin Campbell appeals the denial of his motion for compassionate
release pursuant to the First Step Act. See 18 U.S.C. § 3582(c)(1)(A)(i). The
district court denied Campbell’s motion without the benefit of intervening
Fifth Circuit authority. We therefore VACATE the district court’s order
insofar as it denies compassionate release and REMAND for further
*
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opinion should not be published and is not precedent except under the limited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: 20-61174 Document: 00516229896 Page: 2 Date Filed: 03/08/2022
No. 20-61174
consideration in light of United States v. Shkambi, 993 F.3d 388 (5th Cir.
2021). We, however, AFFIRM the district court’s conclusion that it lacked
authority to release Campbell to home confinement. See 18 U.S.C. § 3621(b).
2