U.S. Court of Appeals for the Fifth Circuit, 2022

United States v. Kemp

U.S. Court of Appeals for the Fifth Circuit · Decided February 10, 2022

Opinion

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 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).

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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-law data current through September 30, 2026. Source: CourtListener bulk data.