United States v. Ballow

Case: 21-20417 Document: 00516305515 Page: 1 Date Filed: 05/03/2022

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED May 3, 2022 No. 21-20417 Lyle W. Cayce Summary Calendar Clerk

United States of America,

Plaintiff—Appellee, versus

Harris Dempsey Ballow,

Defendant—Appellant.

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:10-CR-494-1

Before Higginbotham, Higginson, and Duncan, Circuit Judges.

Per Curiam:*

Harris Dempsey Ballow, federal prisoner # 42310-080, appeals the district court’s denial of his 18 U.S.C. § 3582(c)(1)(A)(i) motion for compassionate release. He argues that the district court erred by failing to recognize that his arguments challenging the validity of his conviction and Case: 21-20417 Document: 00516305515 Page: 2 Date Filed: 05/03/2022

No. 21-20417 sentence could support a finding that extraordinary and compelling reasons justified relief.

Ballow does not articulate any challenge to the district court’s thorough independent and alternative determination that the 18 U.S.C. § 3553(a) factors did not weigh in favor of his early release. He accordingly fails to show that the denial of compassionate release was an abuse of discretion. See United States v. Chambliss, 948 F.3d 691, 693-94 (5th Cir. 2020). We therefore AFFIRM the district court’s judgment.