United States v. Amaro-Lopez ( 2022 )

Case: 22-10871 Document: 00516593495 Page: 1 Date Filed: 12/30/2022
United States Court of Appeals
for the Fifth Circuit
____________
United States Court of Appeals
Fifth Circuit
No. 22-10871
Summary Calendar FILED
____________ December 30, 2022
Lyle W. Cayce
United States of America, Clerk
Plaintiff—Appellee,
versus
Luis Adrian Amaro-Lopez,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 5:17-CR-107-1
______________________________
Before Elrod, Willett and Ho, Circuit Judges.
Per Curiam: *
Luis Adrian Amaro-Lopez, federal prisoner # 03649-408, moves for
leave to proceed in forma pauperis (IFP) in his appeal from the denial of his
18 U.S.C. § 3582(c)(1)(A)(i) motion for compassionate release. He is
currently serving a 168-month sentence for distribution and possession with
intent to distribute 50 grams or more of methamphetamine. The district
court determined that Amaro-Lopez failed to show extraordinary and
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-10871 Document: 00516593495 Page: 2 Date Filed: 12/30/2022
No. 22-10871
compelling reasons warranting relief and that the 18 U.S.C. § 3553(a) factors
did not weigh in favor of relief. See § 3582(c)(1)(A)(i).
In his brief on appeal, Amaro-Lopez contends that the district court
abused its discretion in denying his motion for compassionate release because
it failed to address his arguments and failed to articulate any reasons for the
denial of his motion. In his compassionate release motion, Amaro-Lopez
argued that the following circumstances presented extraordinary and
compelling circumstances for compassionate release: (i) his sister suffered
from diabetes and other medical issues that prevented her from properly
administering her medication, and he was needed as her primary caregiver;
(ii) the conditions at his prison facility were “harsh” due to effects of
COVID-19; (iii) he was denied the opportunity to earn time credits under 18
U.S.C. § 3632(d)(4), because he did not speak English and no educational
programs were being offered at his correctional facility due to COVID-19;
and (iv) he was sentenced using the multiplier for actual methamphetamine
instead of that for a methamphetamine mixture and the purity distinction
between the multipliers is arbitrary and unjust. Amaro-Lopez fails to identify
a nonfrivolous argument that an extraordinary or compelling circumstance
justified the granting of his compassionate release motion. See United States
v. Jackson, 27 F.4th 1088, 1093 n.8 (5th Cir. 2022); United States v.
Chambliss, 948 F.3d 691, 693-94 (5th Cir. 2020).
Accordingly, his IFP motion is DENIED, and the appeal is
DISMISSED as frivolous. See Baugh v. Taylor, 117 F.3d 197, 202 & n.24
(5th Cir. 1997); Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983); 5th
Cir. R. 42.2.
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