United States v. Robinson

Case: 21-30284 Document: 00516261417 Page: 1 Date Filed: 03/31/2022

United States Court of Appeals for the Fifth Circuit United States Court of Appeals

Fifth Circuit FILED

March 31, 2022

No. 21-30284

Summary Calendar Lyle W. Cayce

Clerk United States of America,

Plaintiff—Appellee, versus

Robert E. Robinson,

Defendant—Appellant.

Appeal from the United States District Court for the Western District of Louisiana USDC No. 3:18-CR-228-1

Before Davis, Jones, and Elrod, Circuit Judges.

Per Curiam:*

Robert E. Robinson, federal prisoner # 20897-035, appeals the denials of his 18 U.S.C. § 3582(c)(1)(A)(i) motion for compassionate release and his subsequent motion for reconsideration. We review each denial for an abuse

Case: 21-30284 Document: 00516261417 Page: 2 Date Filed: 03/31/2022

No. 21-30284 of discretion. See United States v. Chambliss, 948 F.3d 691, 693 (5th Cir. 2020); United States v. Rabhan, 540 F.3d 344, 346 (5th Cir. 2008).

Under § 3582(c)(1)(A)(i), a district court may modify a defendant’s sentence after it considers the applicable 18 U.S.C. § 3553(a) factors if “extraordinary and compelling reasons warrant such a reduction.” A district court errs if, in considering whether to grant a § 3582(c)(1)(A)(i) motion, it treats the U.S.S.G. § 1B1.13 policy statement as binding. See United States v. Shkambi, 993 F.3d 388, 392-93 (5th Cir. 2021).

Although Robinson contends that the district court erroneously believed that it was bound by § 1B1.13, he ignores that the court explicitly recognized the holding in Shkambi. See id. In any event, even if the district court had improperly considered § 1B1.13 in determining whether Robinson had shown extraordinary and compelling reasons, the court separately determined that Robinson’s release was not warranted under the § 3553(a) factors. See Chambliss, 948 F.3d at 693-94. He fails to show an abuse of discretion. See id. at 693; Rabhan, 540 F.3d at 346.

Robinson’s motion for appointment of counsel is DENIED, and the orders of the district court are AFFIRMED.