United States v. Tucker

• Court: Court of Appeals for the Fifth Circuit
• Decided: January 31, 2022
• Docket: 20-10906
• Status: Unpublished

Opinion

Case: 20-10906 Document: 00516185400 Page: 1 Date Filed: 01/31/2022

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

FILED January 31, 2022 No. 20-10906 Lyle W. Cayce Summary Calendar Clerk

United States of America,

Plaintiff—Appellee,

versus

Hosie Tucker, III,

Defendant—Appellant.

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:12-CR-161-1 USDC No. 4:20-CV-810

Before Davis, Jones, and Elrod, Circuit Judges. Per Curiam:* Hosie Tucker, III, federal prisoner # 44580-177, appeals the denial of his motion for compassionate release under the First Step Act. See 18 U.S.C. § 3582(c)(1)(A)(i). The district court denied Tucker’s motion without the

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 20-10906 Document: 00516185400 Page: 2 Date Filed: 01/31/2022

No. 20-10906

benefit of intervening Fifth Circuit authority. Therefore, we VACATE the district court’s order and REMAND for further consideration in light of United States v. Shkambi, 993 F.3d 388 (5th Cir. 2021).