United States v. Gonzales

Opinion

Case: 23-10005 Document: 00516777925 Page: 1 Date Filed: 06/07/2023

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 23-10005 Summary Calendar FILED ____________ June 7, 2023 Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee,

versus

Christopher Lee Gonzales,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 5:16-CR-27-2 ______________________________

Before King, Higginson, and Willett, Circuit Judges. Per Curiam: * Christopher Lee Gonzales, federal prisoner # 54338-177, appeals the denial of his second motion for a reduction of his sentence (commonly known as a motion for compassionate release), filed pursuant to 18 U.S.C. § 3582(c)(1)(A)(i). Gonzales contends that the district court erred because it failed to consider whether his family circumstances, a change in the law

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 23-10005 Document: 00516777925 Page: 2 Date Filed: 06/07/2023

No. 23-10005

affecting his sentencing, his medical conditions, and his rehabilitation, when considered in the conjunctive, constituted extraordinary and compelling reasons warranting a sentence reduction. Here, in addition to determining that Gonzales had failed to establish extraordinary and compelling reasons, the district court denied relief on the alternative ground that a sentence reduction was not warranted based on an application of the sentencing factors of 18 U.S.C. § 3553(a). We routinely affirm the denial of a compassionate release motion “where the district court’s weighing of the [§] 3553(a) factors can independently support its judgment.” United States v. Jackson, 27 F.4th 1088, 1092 (5th Cir. 2022). As Gonzales raises no argument challenging the district court’s independent determination that the § 3553(a) factors did not warrant a sentence reduction in his case, he has abandoned the issue. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993). Accordingly, the decision of the district court is AFFIRMED.