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

United States v. Lujano-Jaimes

U.S. Court of Appeals for the Fifth Circuit · Decided February 15, 2022

Opinion

Case: 21-10024 Document: 00516202501 Page: 1 Date Filed: 02/15/2022

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED February 15, 2022 No. 21-10024

Summary Calendar Lyle W. Cayce Clerk

United States of America,

Plaintiff—Appellee, versus

Noe Lujano-Jaimes,

Defendant—Appellant.

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:20-CV-1310

USDC No. 4:17-CR-223-1

Before King, Costa, and Ho, Circuit Judges.

Per Curiam:*

Noe Lujano-Jaimes, federal prisoner # 16907-078, 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 the motion without the Case: 21-10024 Document: 00516202501 Page: 2 Date Filed: 02/15/2022

No. 21-10024 benefit of intervening Fifth Circuit authority. Therefore, we VACATE the district court’s judgment 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* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.

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