Case: 21-10007 Document: 00516050623 Page: 1 Date Filed: 10/12/2021
United States Court of Appeals
for the Fifth Circuit
United States Court of Appeals
Fifth Circuit
FILED
October 12, 2021
No. 21-10007 Lyle W. Cayce
Summary Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
James Lewis,
Defendant—Appellant.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:13-CR-177-1
Before King, Costa, and Ho, Circuit Judges.
Per Curiam:*
James Lewis, federal prisoner # 46457-177, has appealed the district
court’s order denying his motion for compassionate release under 18 U.S.C.
§ 3582(c)(1)(A)(i). The district court determined that Lewis had not shown
that there were extraordinary or compelling reasons for compassionate
*
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opinion should not be published and is not precedent except under the limited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: 21-10007 Document: 00516050623 Page: 2 Date Filed: 10/12/2021
No. 21-10007
release. Moreover, release was inappropriate considering that Lewis had
more than ten years remaining on his sentence and reducing the sentence to
time-served would not account for the seriousness of the offense, promote
respect for the law, or provide just punishment.
Lewis asserts that his medical conditions put him at risk of serious
illness because of COVID-19, and he contends that the Bureau of Prisons
cannot protect him and has failed to prevent transmission of the disease. He
also asserts that the district court failed to consider that he would not be
sentenced as a career offender under current law.
The district court did not abuse its discretion in determining that
Lewis had not shown an extraordinary and compelling reason for
compassionate release. See United States v. Thompson, 984 F.3d 431, 433-35
(5th Cir. 2021), cert. denied, 2021 WL 2044647 (U.S. May 24, 2021) (No. 20-
7832). Nor did it abuse its discretion in balancing the statutory sentencing
factors. See United States v. Chambliss, 948 F.3d 691, 693-94 (5th Cir. 2020).
Lewis’s contentions with respect to the career-offender enhancement were
before the court and were implicitly rejected. The district court’s order is
AFFIRMED.
Lewis’s motion to supplement the record on appeal is DENIED. See
Theriot v. Par. of Jefferson, 185 F.3d 477, 491 n.26 (5th Cir. 1999).
2