United States v. Centeno

Case: 21-40347 Document: 00516464815 Page: 1 Date Filed: 09/08/2022

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

Fifth Circuit FILED

September 8, 2022

No. 21-40347

Summary Calendar Lyle W. Cayce

Clerk United States of America,

Plaintiff—Appellee, versus

Heber Centeno,

Defendant—Appellant.

Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:14-CR-81-10

Before Smith, Dennis, and Southwick, Circuit Judges.

Per Curiam:*

Heber Centeno, federal prisoner # 65426-179, appeals the denial of his motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A), which was based on his contention that harsh prison conditions; his obesity, hypertension, and depression, which put him at greater risk of hospitalization

Case: 21-40347 Document: 00516464815 Page: 2 Date Filed: 09/08/2022

No. 21-40347 and death from COVID-19; and his lengthy sentence were extraordinary and compelling reasons warranting early release.

We decline to reach the Government’s argument that Centeno failed to exhaust his administrative remedies given that the Government did not appeal the district court’s order finding that exhaustion was satisfied. See Greenlaw v. United States, 554 U.S. 237, 244-45 (2008); United States v. Ibarra-Luna, 628 F.3d 712, 715 & n.16 (5th Cir. 2010).

We review the denial of a motion for compassionate release for an abuse of discretion. See United States v. Chambliss, 948 F.3d 691, 693 (5th Cir. 2020). Contrary to Centeno’s contention, the district court did not misapply the relevant factors when it denied relief, given that it considered his age and that his current health conditions were being managed by Centeno and the Bureau of Prisons. See United States v. Rodriguez, 27 F.4th 1097, 1099-1101 & n.2 (5th Cir. 2022); United States v. Thompson, 984 F.3d 431, 433-35 (5th Cir.), cert. denied, 141 S. Ct. 2688 (2021).

Accordingly, Centeno has failed to show that the district court abused its discretion in denying his motion for compassionate release. See Rodriguez, 27 F.4th at 1100-01; Thompson, 984 F.3d at 433-35; Chambliss, 948 F.3d at 693. The judgment of the district court is AFFIRMED.