Case: 21-30284 Document: 00516261417 Page: 1 Date Filed: 03/31/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
March 31, 2022
No. 21-30284
Summary Calendar Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Robert E. Robinson,
Defendant—Appellant.
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 3:18-CR-228-1
Before Davis, Jones, and Elrod, Circuit Judges.
Per Curiam:*
Robert E. Robinson, federal prisoner # 20897-035, appeals the denials
of his 18 U.S.C. § 3582(c)(1)(A)(i) motion for compassionate release and his
subsequent motion for reconsideration. We review each denial for an abuse
*
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opinion should not be published and is not precedent except under the limited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: 21-30284 Document: 00516261417 Page: 2 Date Filed: 03/31/2022
No. 21-30284
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).
Under § 3582(c)(1)(A)(i), a district court may modify a defendant’s
sentence after it considers the applicable 18 U.S.C. § 3553(a) factors if
“extraordinary and compelling reasons warrant such a reduction.” A district
court errs if, in considering whether to grant a § 3582(c)(1)(A)(i) motion, it
treats the U.S.S.G. § 1B1.13 policy statement as binding. See United States v.
Shkambi, 993 F.3d 388, 392-93 (5th Cir. 2021).
Although Robinson contends that the district court erroneously
believed that it was bound by § 1B1.13, he ignores that the court explicitly
recognized the holding in Shkambi. See id. In any event, even if the district
court had improperly considered § 1B1.13 in determining whether Robinson
had shown extraordinary and compelling reasons, the court separately
determined that Robinson’s release was not warranted under the § 3553(a)
factors. See Chambliss, 948 F.3d at 693-94. He fails to show an abuse of
discretion. See id. at 693; Rabhan, 540 F.3d at 346.
Robinson’s motion for appointment of counsel is DENIED, and the
orders of the district court are AFFIRMED.
2