United States v. Moreno

• Court: Court of Appeals for the Fifth Circuit
• Decided: May 24, 2022
• Docket: 21-20139
• Status: Unpublished

Opinion

Case: 21-20139 Document: 00516331280 Page: 1 Date Filed: 05/24/2022

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

FILED May 24, 2022 No. 21-20139 Lyle W. Cayce Summary Calendar Clerk

United States of America,

Plaintiff—Appellee,

versus

Pedro Moreno,

Defendant—Appellant.

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:95-CR-142-3

Before Higginbotham, Higginson, and Duncan, Circuit Judges. Per Curiam:* Pedro Moreno, federal prisoner # 41498-079, appeals the denial of his pro se motion for compassionate release under the First Step Act. See 18 U.S.C. § 3582(c)(1)(A). The district court denied the motion without the benefit of intervening Fifth Circuit authority in United States v. Shkambi, 993

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 21-20139 Document: 00516331280 Page: 2 Date Filed: 05/24/2022

No. 21-20139

F.3d 388 (5th Cir. 2021). In particular, the court did not consider whether the circumstances of Moreno’s offense, his rehabilitative efforts, and post- sentencing changes in the law constituted extraordinary and compelling circumstances warranting release under that subsection. Therefore, we VACATE the district court’s judgment and REMAND for further consideration in light of Shkambi. We express no opinion on the merits of Moreno’s claims for compassionate release.