United States v. Anderson

Case: 22-50917 Document: 00516709429 Page: 1 Date Filed: 04/12/2023
United States Court of Appeals
for the Fifth Circuit
____________
United States Court of Appeals
Fifth Circuit
No. 22-50917
Summary Calendar FILED
____________ April 12, 2023
Lyle W. Cayce
United States of America, Clerk
Plaintiff—Appellee,
versus
Stacey Anderson,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Western District of Texas
USDC No. 6:18-CR-320-1
______________________________
Before Clement, Southwick, and Engelhardt, Circuit Judges.
Per Curiam: *
Stacey Anderson, federal prisoner # 06541-031, appeals from the
denial of her 18 U.S.C. § 3582(c)(1)(A)(i) motion for compassionate release.
On appeal, Anderson contends that she is entitled to relief because (i) she
suffers from debilitating medical issues; (ii) her prison is under investigation
for altering medical records; (iii) her prison is providing inadequate medical
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-50917 Document: 00516709429 Page: 2 Date Filed: 04/12/2023
No. 22-50917
care; (iv) other prisoners with much more egregious criminal histories and/or
crimes and much less serious medical conditions have been released early;
and (v) her prison conditions are generally harsh.
We review the denial of Anderson’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). Anderson fails to show error in the district court’s finding that
she is actively being treated for her medical conditions and that they are being
managed at the prison. Additionally, Anderson fails to show error in the
district court’s findings that the risk she faces from COVID-19, even given
her other medical conditions, does not amount to an extraordinary and
compelling reason. See United States v. Rodriguez, 27 F.4th 1097, 1100 (5th
Cir. 2022); United States v. Thompson, 984 F.3d 431, 433 (5th Cir. 2021).
Because Anderson fails to demonstrate that the district court abused
its discretion in denying her motion for compassionate release based on its
finding that she failed to establish extraordinary and compelling
circumstances, we do not reach her argument that the 18 U.S.C. § 3553(a)
factors warranted relief. See United States v. Jackson, 27 F.4th 1088, 1093 n.8
(5th Cir. 2022); Chambliss, 948 F.3d at 693. Further, because she does not
brief any challenge to the district court’s dismissal of her motions for a new
judge and any argument concerning the calculation of her good-time credits,
those issues are abandoned. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th
Cir. 1993). The district court’s decision is AFFIRMED.
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