Case: 21-20631 Document: 00516370028 Page: 1 Date Filed: 06/24/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
June 24, 2022
No. 21-20631
Lyle W. Cayce
Summary Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Robert Davis,
Defendant—Appellant.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:01-CR-140-1
Before Southwick, Oldham, and Wilson, Circuit Judges.
Per Curiam:*
Robert Davis, federal prisoner # 97410-079, appeals the denial of his
18 U.S.C. § 3582(c)(1)(A)(i) motion for compassionate release. We review
for an abuse of discretion. See United States v. Chambliss, 948 F.3d 691, 693
(5th Cir. 2020). We need not consider whether the district court erred by
*
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opinion should not be published and is not precedent except under the limited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: 21-20631 Document: 00516370028 Page: 2 Date Filed: 06/24/2022
No. 21-20631
determining that Davis failed to show extraordinary and compelling reasons
warranting a sentence reduction because the district court’s alternative
consideration of the 18 U.S.C. § 3553(a) factors provides a sufficient basis for
affirmance. See Ward v. United States, 11 F.4th 354, 360–62 (5th Cir. 2021);
Chambliss, 948 F.3d at 693–94.
On appeal, Davis contends that relief is warranted based on his high
risk for serious illness if he contracts COVID-19, the extraordinary length of
his sentence, intervening changes in sentencing laws, his acceptance of
responsibility, and his record of post-sentencing rehabilitation. However, the
district court determined that the sentencing factors did not support a
sentence reduction due to Davis’s role in his offense of conviction, the nature
of his offense, and his “extensive criminal history.” Davis’s disagreement
with the district court’s weighing of the Section 3553(a) factors does not
warrant reversal. See Chambliss, 948 F.3d at 694.
AFFIRMED.
2