United States v. Kemp

Case: 21-10264 Document: 00516198245 Page: 1 Date Filed: 02/10/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
February 10, 2022
No. 21-10264
Lyle W. Cayce
Summary Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Joey Kemp,
Defendant—Appellant.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:21-CV-390
Before King, Costa, and Ho, Circuit Judges.
Per Curiam:*
Joey Kemp, federal prisoner # 34592-077, appeals the denial of his pro
se motion for compassionate release under the First Step Act. See 18 U.S.C.
§ 3582(c)(1)(A). The district court denied Kemp’s motion without the
benefit of intervening Fifth Circuit authority. Therefore, we VACATE the
*
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opinion should not be published and is not precedent except under the limited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: 21-10264 Document: 00516198245 Page: 2 Date Filed: 02/10/2022
No. 21-10264
district court’s order and REMAND for further consideration in light of
United States v. Shkambi, 993 F.3d 388 (5th Cir. 2021).
2