United States v. Ellis ( 2022 )

Case: 22-50425 Document: 00516531558 Page: 1 Date Filed: 11/02/2022
United States Court of Appeals
for the Fifth Circuit
United States Court of Appeals
Fifth Circuit
No. 22-50425
Summary Calendar FILED
November 2, 2022
Lyle W. Cayce
United States of America, Clerk
Plaintiff—Appellee,
versus
Jonathan Yul Ellis,
Defendant—Appellant.
Appeal from the United States District Court
for the Western District of Texas
USDC No. 1:06-CR-20-1
Before Smith, Wiener, and Elrod, Circuit Judges.
Per Curiam:*
Defendant-Appellant Jonathan Yul Ellis appeals the district court’s
denial of his motion for compassionate release. Ellis contends that his lengthy
sentence constitutes an extraordinary and compelling reason for such release
because, if he had been sentenced pursuant to the First Step Act, he would
*
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opinion should not be published and is not precedent except under the limited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: 22-50425 Document: 00516531558 Page: 2 Date Filed: 11/02/2022
No. 22-50425
not have received a mandatory consecutive 25-year sentence for his 18 U.S.C.
§ 924(c) conviction. Ellis also notes that the 18 U.S.C. § 3553(a) factors,
including his participation in prison programs and his prison disciplinary
record, weigh in favor of his release.
We review the district court’s denial of compassionate release for
abuse of discretion. See United States v. Chambliss, 948 F.3d 691, 693-94 (5th
Cir. 2020). The district court diligently examined the § 3553(a) factors to
reach its conclusion that Ellis is not entitled to relief. Ellis fails to show that
the district court abused its discretion in that decision. See id. at 693. Because
the district court’s § 3553(a) analysis supports dismissal, we need not
consider Ellis’s arguments challenging the district court’s finding that he
failed to show extraordinary and compelling reasons warranting relief. See
United States v. Jackson, 27 F.4th 1088, 1093 & n.8 (5th Cir. 2022); Ward v.
United States, 11 F.4th 354, 360-62 (5th Cir. 2021).
The judgment of the district court is AFFIRMED.
2