United States v. Vazquez

• Court: Court of Appeals for the Fifth Circuit
• Decided: September 27, 2024
• Docket: 24-10012
• Status: Unpublished

Opinion

Case: 24-10012 Document: 41-1 Page: 1 Date Filed: 09/27/2024

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

FILED No. 24-10012 September 27, 2024 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee,

versus

Jaime Vazquez,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:08-CR-167-1 ______________________________

Before Wiener, Ho, and Ramirez, Circuit Judges. Per Curiam: * Jaime Vazquez, federal prisoner # 38387-177, appeals the denials of his 18 U.S.C. § 3582(c)(1)(A)(i) motion for compassionate release and his motion for reconsideration. We review the district court’s decisions for an abuse of discretion. See United States v. Chambliss, 948 F.3d 691, 693 (5th Cir. 2020); United States v. Rabhan, 540 F.3d 344, 346 (5th Cir. 2008).

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 24-10012 Document: 41-1 Page: 2 Date Filed: 09/27/2024

No. 24-10012

Vazquez contends that the district court erred by declining to reconsider the denial of compassionate release based upon Amendment 814 to the Sentencing Guidelines, which expanded the list of extraordinary and compelling reasons upon which compassionate release may be based. See U.S.S.G. § 1B1.13. However, he does not address, and has therefore abandoned any challenge to, the district court’s separate determination that the 18 U.S.C. § 3553(a) factors do not support granting § 3582(c)(1)(A)(i) relief. See Yohey v. Collins, 985 F.2d 222, 224–25. (5th Cir. 1993); Brinkmann v. Dallas Cnty. Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987). We therefore need not consider Vazquez’s arguments regarding extraordinary and compelling reasons. See United States v. Rollins, 53 F.4th 353, 358 (5th Cir. 2022). AFFIRMED.