United States v. Omowaiye ( 2022 )

Case: 21-50696 Document: 00516259749 Page: 1 Date Filed: 03/30/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
March 30, 2022
No. 21-50696
Summary Calendar Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Stephen Omowaiye,
Defendant—Appellant.
Appeal from the United States District Court
for the Western District of Texas
USDC No. 1:16-CR-140-1
Before Southwick, Oldham, and Wilson, Circuit Judges.
Per Curiam:*
Stephen Omowaiye, federal prisoner # 63977-380, appeals the denial
of his motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A).
Omowaiye argues, without providing any specific examples or record
citations, that the district court committed error pursuant to United States
*
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opinion should not be published and is not precedent except under the limited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: 21-50696 Document: 00516259749 Page: 2 Date Filed: 03/30/2022
No. 21-50696
v. Shkambi, 993 F.3d 388, 393 (5th Cir. 2021), when determining that the risk
of contracting COVID-19 and his counsel’s ineffectiveness did not constitute
extraordinary and compelling circumstances.
We need not resolve whether the district court committed Shkambi
error by treating the policy statement in U.S.S.G. § 1B1.13 as binding, see
United States v. Cooper, 996 F.3d 283, 288 (5th Cir. 2021); Shkambi, 993 F.3d
at 393, because the district court independently determined that
compassionate release was not warranted based on a consideration of 18
U.S.C. § 3553(a), see Ward v. United States, 11 F.4th 354, 360–62 (5th Cir.
2021); cf. Cooper, 996 F.3d at 288–89. Specifically, the district court
considered the nature and circumstances of the offense, which involved a
scheme to defraud elderly victims with an intended loss exceeding $250
million. See § 3553(a)(1). The district court also considered the need for the
sentence imposed to reflect the seriousness of the offense, promote respect
for the law, provide just punishment, afford adequate deterrence, and protect
the public from further crimes of Omowaiye, as well as the lack of a need to
provide Omowaiye with necessary medical care. See § 3553(a)(2). Because
Omowaiye has failed to demonstrate that the district court’s denial of his
motion resulted from an “error of law or clearly erroneous assessment of the
evidence,” the judgment of the district court is AFFIRMED. United States
v. Chambliss, 948 F.3d 691, 693–94 (5th Cir. 2020).
2