United States v. Moore ( 2021 )

Case: 20-10870 Document: 00515705074 Page: 1 Date Filed: 01/13/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
No. 20-10870 January 13, 2021
Summary Calendar Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Charles Grant Moore,
Defendant—Appellant.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:19-CR-182-1
Before Higginbotham, Jones, and Costa, Circuit Judges.
Per Curiam:*
Charles Grant Moore, federal prisoner # 26057-480, has appealed the
district court’s judgment denying his motion for compassionate release
under 18 U.S.C. § 3582(c)(1)(A)(i). Moore’s motion to supplement his
appellant’s brief with a letter is GRANTED.
*
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opinion should not be published and is not precedent except under the limited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: 20-10870 Document: 00515705074 Page: 2 Date Filed: 01/13/2021
No. 20-10870
Moore contends that concerns for his health and safety and that of
other prisoners due to COVID-19, the suspension of the residential drug
abuse treatment program, and the composition of the prison population, as
well as unfairness in his original sentencing, warrant relief. To the extent that
these contentions, such as those based on the threat of COVID-19 to his
health, are raised for the first time on appeal, they will not be considered. See
United States v. Martinez, 228 F.3d 587, 589 n.3 (5th Cir. 2000).
Moore has not shown that the district court abused its discretion or
otherwise erred. See United States v. Chambliss, 948 F.3d 691, 693 (5th Cir.
2020). The judgment is AFFIRMED.
2