United States v. Rucker
United States v. Rucker
Opinion
Case: 23-40288 Document: 63-1 Page: 1 Date Filed: 03/15/2024
United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED March 15, 2024 No. 23-40288 Lyle W. Cayce Summary Calendar Clerk ____________ United States of America, Plaintiff—Appellee, versus Freddie Rucker, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Southern District of Texas USDC No. 3:16-CR-19-1 ______________________________ Before Smith, Higginson, and Engelhardt, Circuit Judges.
Per Curiam: * Freddie Rucker, federal prisoner # 20566-479, appeals the denial of his motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A). On appeal, Rucker argues that the district court failed to provide sufficient reasons for denying his motion. He also requests permission to file an out- of-time reply brief, which is GRANTED.
_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 23-40288 Document: 63-1 Page: 2 Date Filed: 03/15/2024
No. 23-40288
We disagree with Rucker that the district court abused its discretion in denying his motion. See United States v. Chambliss, 948 F.3d 691, 693 (5th Cir. 2020). The district court stated that it had considered Rucker’s arguments and the applicable policy statements, and determined that the 18 U.S.C. § 3553(a) sentencing factors did not warrant relief. Contrary to Rucker’s argument, the district court was not obligated to provide further reasoning in support of its denial of his motion. See Chavez-Meza v. United States, 585 U.S. 109, 115-16 (2018); United States v. Escajeda, 58 F.4th 184, (5th Cir. 2023). Additionally, we do not consider Rucker’s argument, raised for the first time on appeal, that he is entitled to relief due to a recent amendment to U.S.S.G. § 4A1.1. See United States v. Thompson, 984 F.3d 431, 432 n.1 (5th Cir. 2021).
Accordingly, the judgment of the district court is AFFIRMED. See Chambliss, 948 F.3d at 693-94; United States v. Jackson, 27 F.4th 1088, 1093 n.8 (5th Cir. 2022).
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