United States v. Smoot

Case: 21-30532 Document: 00516304479 Page: 1 Date Filed: 05/03/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
May 3, 2022
No. 21-30532
Summary Calendar Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Harry Smoot,
Defendant—Appellant.
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 2:14-CR-168-1
Before Davis, Jones, and Elrod, Circuit Judges.
Per Curiam:*
Harry Smoot, federal prisoner # 33980-034, appeals the district
court’s denial of his 18 U.S.C. § 3582(c)(1)(A)(i) motion for compassionate
release. He has filed an appellate brief as well as a motion for appointment of
counsel. Smoot argues that the district court’s ruling is in error because he
*
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opinion should not be published and is not precedent except under the limited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: 21-30532 Document: 00516304479 Page: 2 Date Filed: 05/03/2022
No. 21-30532
demonstrated that his medical condition and other factors render him eligible
for compassionate release.
The district court did not find that Smoot failed to show eligibility for
relief under § 3582(c)(1)(A)(i) but rather assumed the opposite.
Nevertheless, the court determined that an early release was unwarranted
because the 18 U.S.C. § 3553(a) factors weighed against it. Smoot identifies
no error in that determination, which was a sufficient basis for the denial of
his motion. See United States v. Chambliss, 948 F.3d 691, 693-94 (5th Cir.
2020). We therefore AFFIRM the district court’s ruling. The interest of
justice does not require the appointment of counsel for this appeal, and
Smoot’s motion to appoint counsel is accordingly DENIED. See Schwander
v. Blackburn, 750 F.2d 494, 502 (5th Cir. 1985); Fifth Circuit Plan
Under the Criminal Justice Act § 3(B).
2