Case: 21-30013 Document: 00515987160 Page: 1 Date Filed: 08/20/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
August 20, 2021
No. 21-30013 Lyle W. Cayce
Summary Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Michael Collier,
Defendant—Appellant.
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 2:18-CR-97-1
Before Jolly, Willett, and Engelhardt, Circuit Judges.
Per Curiam:*
Michael Collier, federal prisoner # 57539-019, has appealed the
district court’s order denying his motion under 18 U.S.C. § 3582(c)(1)(A) for
compassionate release. Our review is for an abuse of discretion. See United
States v. Chambliss, 948 F.3d 691, 693 (5th Cir. 2020). Collier must show that
*
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opinion should not be published and is not precedent except under the limited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: 21-30013 Document: 00515987160 Page: 2 Date Filed: 08/20/2021
No. 21-30013
the district court “base[d] its decision on an error of law or a clearly
erroneous assessment of the evidence.” Id. (internal quotation marks and
citation omitted).
Although the district court erred in believing that U.S.S.G. § 1B1.13,
p.s. was binding, see United States v. Shkambi, 993 F.3d 388, 392-94 (5th Cir.
2021), Collier has not asserted that question as an issue on appeal. When an
appellant fails to identify any error in the district court’s analysis, it is the
same as if the appellant had not appealed that issue. Brinkmann v. Dallas
Cnty. Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987). Although pro
se briefs are afforded liberal construction, Haines v. Kerner, 404 U.S. 519, 520
(1972), arguments must be briefed in order to be preserved, Yohey v. Collins,
985 F.2d 222, 224-25 (5th Cir. 1983).
Moreover, there is no reason to believe that Collier would have been
granted relief but for the district court’s mistaken belief that it was bound by
the policy statement. See United States v. Thompson, 984 F.3d 431, 434-35
(5th Cir. 2021), cert. denied, 2021 WL 2044647 (U.S. May 24, 2021) (No. 20-
7832). The district court’s order is AFFIRMED. Collier’s motion for
release pending appeal is DENIED.
2