Case: 20-10669 Document: 00515906371 Page: 1 Date Filed: 06/21/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
June 21, 2021
No. 20-10669
Lyle W. Cayce
Summary Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Freddy Lee Foots,
Defendant—Appellant.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:07-CR-285-1
Before Jolly, Elrod, and Graves, Circuit Judges.
Per Curiam:*
Freddy Lee Foots, federal prisoner # 14481-119, 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 Foots’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opinion should not be published and is not precedent except under the limited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: 20-10669 Document: 00515906371 Page: 2 Date Filed: 06/21/2021
No. 20-10669
benefit of intervening Fifth Circuit authority.1 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). Foots’s motion for
appointment of counsel on appeal is DENIED AS MOOT.
1
The district court also denied the motion for lack of exhaustion of administrative
remedies. On appeal, the government acknowledges that Foots did in fact exhaust
administrative remedies.
2