United States v. Campbell

Opinion

Case: 20-61174 Document: 00516229896 Page: 1 Date Filed: 03/08/2022

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

FILED March 8, 2022 No. 20-61174 Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee,

versus

Alvin Carnail Campbell,

Defendant—Appellant.

Appeal from the United States District Court for the Southern District of Mississippi USDC No. 3:18-CR-47-1

Before Wiener, Graves, and Duncan, Circuit Judges. Per Curiam:* Alvin Campbell appeals the denial of his motion for compassionate release pursuant to the First Step Act. See 18 U.S.C. § 3582(c)(1)(A)(i). The district court denied Campbell’s motion without the benefit of intervening Fifth Circuit authority. We therefore VACATE the district court’s order insofar as it denies compassionate release and REMAND for further

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 20-61174 Document: 00516229896 Page: 2 Date Filed: 03/08/2022

No. 20-61174

consideration in light of United States v. Shkambi, 993 F.3d 388 (5th Cir. 2021). We, however, AFFIRM the district court’s conclusion that it lacked authority to release Campbell to home confinement. See 18 U.S.C. § 3621(b).