United States v. Steele ( 2023 )


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  • Case: 23-10675         Document: 00516952380             Page: 1      Date Filed: 11/01/2023
    United States Court of Appeals
    for the Fifth Circuit
    ____________
    United States Court of Appeals
    Fifth Circuit
    No. 23-10675
    Summary Calendar                                  FILED
    ____________                               November 1, 2023
    Lyle W. Cayce
    United States of America,                                                           Clerk
    Plaintiff—Appellee,
    versus
    Jimmy Steele,
    Defendant—Appellant.
    ______________________________
    Appeal from the United States District Court
    for the Northern District of Texas
    USDC No. 4:08-CR-87-1
    ______________________________
    Before Willett, Duncan, and Wilson, Circuit Judges.
    Per Curiam: *
    Jimmy Steele, federal prisoner #36989-177, appeals the denial of his
    motion for compassionate release under 
    18 U.S.C. § 3582
    (c)(1)(A)(i), and
    the denial of his motion for reconsideration. He argues that the district court
    abused its discretion by failing to consider the factors Steele argued weighed
    _____________________
    *
    This opinion is not designated for publication. See 5th Cir. R. 47.5.
    Case: 23-10675      Document: 00516952380          Page: 2   Date Filed: 11/01/2023
    No. 23-10675
    in favor of a sentence reduction and failing to adequately explain its reason
    for denying Steele’s motion.
    We review each denial for abuse of discretion. United States v.
    Chambliss, 
    948 F.3d 691
    , 693 (5th Cir. 2020); United States v. Rabhan, 
    540 F.3d 344
    , 346–47 (5th Cir. 2008). The district court’s order demonstrates
    that it considered and rejected Steele’s arguments. See Concepcion v. United
    States, 
    142 S. Ct. 2389
    , 2405 (2022); United States v. Escajeda, 
    58 F.4th 184
    ,
    188 (5th Cir. 2023); United States v. Evans, 
    587 F.3d 667
    , 673 (5th Cir. 2009).
    The district court’s order states that it considered the motion, the record,
    and applicable authorities and concluded that the 
    18 U.S.C. § 3553
    (a) factors
    did not weigh in favor of relief. Steele “may disagree with how the district
    court balanced the § 3553(a) factors, [but] that is not a sufficient ground for
    reversal.” Chambliss, 948 F.3d at 694.
    Because the district court did not abuse its discretion in holding that
    relief was unwarranted under § 3553(a), we need not consider Steele’s
    argument that the district court erred in finding that he failed to show
    extraordinary and compelling reasons warranting relief. See United States v.
    Ward, 
    11 F.4th 354
    , 360–61 (5th Cir. 2021); Chambliss, 948 F.3d at 693.
    Further, Steele has not shown that the district court abused its
    discretion in denying his motion for reconsideration. See Rabhan, 
    540 F.3d at
    346–47.
    Accordingly, the judgment is AFFIRMED.
    2
    

Document Info

Docket Number: 23-10675

Filed Date: 11/1/2023

Precedential Status: Non-Precedential

Modified Date: 11/2/2023