United States v. Pierre

Case: 21-40213 Document: 00516339415 Page: 1 Date Filed: 06/01/2022

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED June 1, 2022 No. 21-40213

Summary Calendar Lyle W. Cayce Clerk

United States of America,

Plaintiff—Appellee, versus

Arthur James Pierre,

Defendant—Appellant.

Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:10-CR-36-32

Before Jolly, Willett, and Engelhardt, Circuit Judges.

Per Curiam:*

Arthur James Pierre, federal prisoner # 15550-043, appeals the denial of his 18 U.S.C. § 3582(c)(1)(A)(i) motion for compassionate release. We review the denial for an abuse of discretion. See United States v. Chambliss, 948 F.3d 691, 693 (5th Cir. 2020).

Case: 21-40213 Document: 00516339415 Page: 2 Date Filed: 06/01/2022

No. 21-40213

Relying on United States v. Shkambi, 993 F.3d 388, 390-93 (5th Cir. 2021), Pierre argued in his appellant’s brief only that the district court had erred by treating U.S.S.G. § 1B1.13 as binding and dismissing his motion for lack of jurisdiction. After we ordered a limited remand, the district court reconsidered Pierre’s claims in light of Shkambi, and it issued a supplemental order denying relief on the ground that he had failed to show extraordinary and compelling reasons. See § 3582(c)(1)(A)(i). Despite that he was afforded the opportunity to address the district court’s supplemental order, Pierre failed to do so; he has, therefore, abandoned any challenges to it. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993). He fails to show that the district court abused its discretion. See Chambliss, 948 F.3d at 693. 1 AFFIRMED.