United States v. Blake

Opinion

Case: 21-50215 Document: 00516606000 Page: 1 Date Filed: 01/11/2023

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 21-50215 consolidated with FILED No. 21-51194 January 11, 2023 Summary Calendar Lyle W. Cayce ____________ Clerk

United States of America,

Plaintiff—Appellee,

versus

Robert Timothy Blake,

Defendant—Appellant. ______________________________

Appeals from the United States District Court for the Western District of Texas USDC No. 5:15-CR-66-1, 5:15-CR-66-1 ______________________________

Before Smith, Southwick, and Douglas, Circuit Judges. Per Curiam: * Robert Timothy Blake, federal prisoner # 46959-380, has appealed the district court’s order denying his amended motion under 18 U.S.C. § 3582(c)(1)(A) for compassionate release in light of conditions related to the COVID-19 pandemic. Based on our review of the arguments of the parties

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 21-50215 Document: 00516606000 Page: 2 Date Filed: 01/11/2023

No. 21-50215 c/w No. 21-51194 and the record on appeal, we hold that the district court did not abuse its discretion in denying Blake’s motion on the ground that Blake’s medical conditions were not extraordinary or compelling. See United States v. Cooper, 996 F.3d 283, 286 (5th Cir. 2021); see also § 3582(c)(1)(A)(i). We do not reach the district court’s alternative holding that early release was unmerited because Blake presented a danger to society. The district court’s order is AFFIRMED.