United States v. Rakestraw

• Court: Court of Appeals for the Fifth Circuit
• Decided: July 7, 2023
• Docket: 23-10016
• Status: Unpublished

Opinion

Case: 23-10016 Document: 00516813869 Page: 1 Date Filed: 07/07/2023

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 23-10016 Summary Calendar FILED ____________ July 7, 2023 Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee,

versus

Demarcus Rakestraw,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:17-CR-469-1 ______________________________

Before Jolly, Jones, and Engelhardt, Circuit Judges. Per Curiam: * Demarcus Rakestraw, federal prisoner # 27612-177, appeals the district court’s denial of his request for compassionate release. He argues that the district court abused its discretion by not evaluating his declining health alongside his inability to receive the COVID-19 vaccine when denying him relief.

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 23-10016 Document: 00516813869 Page: 2 Date Filed: 07/07/2023

No. 23-10016

The district court did not abuse its discretion. See United States v. Chambliss, 948 F.3d 691, 693 (5th Cir. 2020). The court adequately considered Rakestraw’s arguments in favor of compassionate release, but it concluded that 18 U.S.C. § 3553(a) weighed against it. See Chavez-Meza v. United States, 138 S. Ct. 1959, 1965-67 (2018); United States v. Escajeda, 58 F.4th 184, 188 (5th Cir. 2023). The record supports the district court’s independent assessment of the § 3553(a) factors, and it is therefore unnecessary for us to discuss Rakestraw’s remaining claims. See United States v. Jackson, 27 F.4th 1088, 1093 n.8 (5th Cir. 2022); Ward v. United States, 11 F.4th 354, 360-62 (5th Cir. 2021); Chambliss, 948 F.3d at 693-94. AFFIRMED.