United States v. Evans ( 2023 )

Case: 22-50590 Document: 00516653683 Page: 1 Date Filed: 02/23/2023
United States Court of Appeals
for the Fifth Circuit
____________
United States Court of Appeals
Fifth Circuit
No. 22-50590
Summary Calendar FILED
____________ February 23, 2023
Lyle W. Cayce
United States of America, Clerk
Plaintiff—Appellee,
versus
Paul Ross Evans,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Western District of Texas
USDC No. 1:07-CR-98-1
______________________________
Before Jones, Haynes, and Oldham, Circuit Judges.
Per Curiam: *
Paul Ross Evans, federal prisoner # 83230-180, appeals the district
court’s dismissal of his motion for a reduction in his sentence as an
unauthorized motion for which it lacked jurisdiction. He also moves for the
appointment of counsel.
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-50590 Document: 00516653683 Page: 2 Date Filed: 02/23/2023
No. 22-50590
We review a district court’s decision to deny a motion for
compassionate release for an abuse of discretion. United States v. Cooper, 996
F.3d 283, 286 (5th Cir. 2021). A district court abuses its discretion when it
“bases its decision on an error of law or a clearly erroneous assessment of the
evidence.” United States v. Chambliss, 948 F.3d 691, 693 (5th Cir. 2020)
(internal quotation marks and citation omitted).
Evans does not challenge the basis of the district court’s dismissal.
Instead, he has raised arguments not presented in the motion at issue. We
do not consider newly raised arguments. See United States v. Thompson, 984F.3d 431, 432 n.1 (5th Cir.), cert. denied, 141 S. Ct. 2688 (2021); Leverette v.
Louisville Ladder Co., 183 F.3d 339, 342 (5th Cir. 1999). Moreover, Evans has
waived the only viable appellate issue. See Yohey v. Collins, 985 F.2d 222,
224-25 (5th Cir. 1993).
Accordingly, the appeal is DISMISSED as frivolous. See Howard v.
King, 707 F.2d 215, 219-20 (5th Cir. 1983); 5th Cir. R. 42.2. The
Government’s motion for summary affirmance is DENIED.
As he has failed to heed our earlier warning, Evans is ORDERED to
pay a sanction of $100 to the clerk of this court, and he is BARRED from
filing in this court or any court subject to this court’s jurisdiction a challenge
to his conviction and sentence until the sanction is paid, unless he obtains
leave of the court in which he seeks to file such challenge. Evans is once again
WARNED that any repetitive or frivolous filings in this court or any court
subject to this court’s jurisdiction may invite the imposition of further
sanctions, including dismissal, monetary sanctions, and restrictions on his
ability to file pleadings in this court and any court subject to this court’s
jurisdiction.
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