United States v. Guillory ( 2023 )


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  • Case: 22-30591         Document: 00516755093             Page: 1      Date Filed: 05/18/2023
    United States Court of Appeals
    for the Fifth Circuit                                  United States Court of Appeals
    Fifth Circuit
    ____________                               FILED
    May 18, 2023
    No. 22-30591
    Lyle W. Cayce
    Summary Calendar
    Clerk
    ____________
    United States of America,
    Plaintiff—Appellee,
    versus
    Quincy O. Guillory,
    Defendant—Appellant.
    ______________________________
    Appeal from the United States District Court
    for the Western District of Louisiana
    USDC No. 2:02-CR-20062-1
    ______________________________
    Before Stewart, Duncan, and Wilson, Circuit Judges.
    Per Curiam:*
    Quincy O. Guillory, federal prisoner # 11380-035, appeals the denial
    of his 
    18 U.S.C. § 3582
    (c)(1)(A)(i) motion for compassionate release. On
    appeal, Guillory contends that the district court erred in finding that he failed
    to demonstrate extraordinary and compelling reasons for granting relief. He
    additionally argues that the district court failed to acknowledge his exhibits
    _____________________
    *
    This opinion is not designated for publication. See 5th Cir. R. 47.5.
    Case: 22-30591      Document: 00516755093           Page: 2   Date Filed: 05/18/2023
    No. 22-30591
    or adequately consider or discuss his arguments regarding the applicability of
    the 
    18 U.S.C. § 3553
    (a) factors that he contended weighed in favor of
    compassionate release.
    We review the denial of Guillory’s § 3582(c)(1)(A)(i) motion for an
    abuse of discretion. See United States v. Chambliss, 
    948 F.3d 691
    , 693 (5th
    Cir. 2020). In this case, while the district court’s analysis was fairly curt on
    the point, the court adequately considered Guillory’s arguments and
    concluded that consideration of the § 3553(a) factors did not weigh in favor
    of relief. See Concepcion v. United States, 
    142 S. Ct. 2389
    , 2405 (2022); United
    States v. Evans, 
    587 F.3d 667
    , 673 (5th Cir. 2009). To the extent that Guillory
    disagrees with the court’s balancing of the § 3553(a) factors, his
    disagreement does not warrant reversal. See Chambliss, 948 F.3d at 694.
    We need not consider Guillory’s contention that the district court
    erred in finding that he failed to show extraordinary and compelling reasons
    warranting relief because the district court did not abuse its discretion in its
    alternative holding that relief was not warranted under the § 3553(a) factors.
    See United States v. Ward, 
    11 F.4th 354
    , 360–62 (5th Cir. 2021); Chambliss,
    948 F.3d at 693. The district court’s decision is AFFIRMED.
    2
    

Document Info

Docket Number: 22-30591

Filed Date: 5/18/2023

Precedential Status: Non-Precedential

Modified Date: 5/18/2023