United States v. Marquardt

Case: 21-50451 Document: 00516354452 Page: 1 Date Filed: 06/13/2022

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

Fifth Circuit FILED

June 13, 2022

No. 21-50451 Lyle W. Cayce Summary Calendar Clerk

United States of America,

Plaintiff—Appellee, versus

Timothy Marquardt,

Defendant—Appellant.

Appeal from the United States District Court for the Western District of Texas USDC No. 1:16-CR-59-1

Before Southwick, Oldham, and Wilson, Circuit Judges.

Per Curiam:*

Timothy Marquardt, federal prisoner # 70526-380, appeals the denial of his 18 U.S.C. § 3582(c)(1)(A)(i) motion for compassionate release. We review the denial, which the district court based upon Marquardt’s failure to

Case: 21-50451 Document: 00516354452 Page: 2 Date Filed: 06/13/2022

No. 21-50451 show extraordinary and compelling reasons, for an abuse of discretion. See United States v. Chambliss, 948 F.3d 691, 693 (5th Cir. 2020).

Insofar as Marquardt raises claims of ineffective assistance of counsel, he fails to show that the district court erred as a matter of law by holding that the § 3582(c)(1)(A)(i) motion was not a viable substitute for a timely filed 28 U.S.C § 2255 motion. See id. Marquardt’s claim invoking Rehaif v. United States, 139 S. Ct. 2191 (2019), is insufficiently briefed to warrant our consideration. See United States v. Scroggins, 599 F.3d 433, 446-47 (5th Cir. 2010). We do not address any argument regarding the sentencing factors of 18 U.S.C. § 3553(a). See United States v. Jackson, 27 F.4th 1088, 1093 n.8 (5th Cir. 2022).

AFFIRMED.