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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 at346–47. 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