United States v. Marquardt ( 2022 )

Case: 21-50451 Document: 00516354452 Page: 1 Date Filed: 06/13/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
June 13, 2022
No. 21-50451 Lyle W. Cayce
Summary Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Timothy Marquardt,
Defendant—Appellant.
Appeal from the United States District Court
for the Western District of Texas
USDC No. 1:16-CR-59-1
Before Southwick, Oldham, and Wilson, Circuit Judges.
Per Curiam:*
Timothy Marquardt, federal prisoner # 70526-380, appeals the denial
of his 18 U.S.C. § 3582(c)(1)(A)(i) motion for compassionate release. We
review the denial, which the district court based upon Marquardt’s failure 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opinion should not be published and is not precedent except under the limited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: 21-50451 Document: 00516354452 Page: 2 Date Filed: 06/13/2022
No. 21-50451
show extraordinary and compelling reasons, for an abuse of discretion. See
United States v. Chambliss, 948 F.3d 691, 693 (5th Cir. 2020).
Insofar as Marquardt raises claims of ineffective assistance of counsel,
he fails to show that the district court erred as a matter of law by holding that
the § 3582(c)(1)(A)(i) motion was not a viable substitute for a timely filed 28
U.S.C § 2255 motion. See id. Marquardt’s claim invoking Rehaif v. United
States, 139 S. Ct. 2191 (2019), is insufficiently briefed to warrant our
consideration. See United States v. Scroggins, 599 F.3d 433, 446-47 (5th Cir.
2010). We do not address any argument regarding the sentencing factors of
18 U.S.C. § 3553(a). See United States v. Jackson, 27 F.4th 1088, 1093 n.8
(5th Cir. 2022).
AFFIRMED.
2