Case: 21-40524 Document: 00516259214 Page: 1 Date Filed: 03/29/2022

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED March 29, 2022 No. 21-40524 Summary Calendar Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Brian McCuiston, Defendant—Appellant.

Appeal from the United States District Court for the Southern District of Texas No. 2:04-CR-676-2

Before Smith, Stewart, and Graves, Circuit Judges.

Per Curiam:* Brian McCuiston, federal prisoner #14835-064, was convicted of con- spiracy to possess with intent to distribute more than 500 grams of metham- phetamine and was sentenced to 280 months in prison. In this appeal, he challenges the denial of his motion for compassionate release under 18 U.S.C.

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opin- ion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.

Case: 21-40524 Document: 00516259214 Page: 2 Date Filed: 03/29/2022

No. 21-40524

§ 3582(c)(1)(A)(i).

We review the denial of compassionate release for abuse of discretion.

United States v. Chambliss, 948 F.3d 691, 693 (5th Cir. 2020). A district court abuses its discretion when its decision is based on a legal error or a clearly erroneous assessment of the evidence. Id. at 693–94.

A motion for compassionate release may be granted if, after consid- ering the applicable 18 U.S.C. § 3553(a) factors, the district court finds, inter alia, that “extraordinary and compelling reasons warrant such a reduction” and that a sentence “reduction is consistent with applicable policy state- ments issued by the Sentencing Commission.” 18 U.S.C. § 3582(c)(1)(A).

The district court denied relief based on its assessment of the § 3553(a) fac- tors and for other reasons. McCuiston has failed to show that the court abused its discretion in determining that the § 3553(a) factors did not warrant compassionate release. See Chambliss, 948 F.3d at 693–94.

The judgment is AFFIRMED.