Case: 21-40258 Document: 00516419153 Page: 1 Date Filed: 08/04/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
August 4, 2022
No. 21-40258
Summary Calendar Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Gregg Robert Luedde,
Defendant—Appellant.
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:14-CR-152-1
Before Wiener, Dennis, and Haynes, Circuit Judges.
Per Curiam:*
Gregg Robert Luedde, federal prisoner # 22686-078, appeals the
denial of his 18 U.S.C. § 3582(c)(1)(A)(i) motion for compassionate release.
We review the denial for an abuse of discretion. See United States v.
Chambliss, 948 F.3d 691, 693 (5th Cir. 2020).
*
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opinion should not be published and is not precedent except under the limited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: 21-40258 Document: 00516419153 Page: 2 Date Filed: 08/04/2022
No. 21-40258
The district court did not abuse its discretion by considering Luedde’s
disciplinary record, the accuracy of which record Luedde does not challenge.
See id. Although he contends that the district court erred by failing to
consider that he is more susceptible to severe COVID-19 illness because he
is overweight, Luedde did not raise such an argument in the district court,
and we decline to consider it. See United States v. Thompson, 984 F.3d 431,
432 n.1 (5th Cir.), cert. denied, 141 S. Ct. 2688 (2021). Likewise, we do not
consider his assertion that he suffers from coronary artery disease; although
he referenced coronary arterial calcification in the district court, he
contended that the condition related to scarring in his lungs. See id.; United
States v. Scroggins, 599 F.3d 433, 446-47 (5th Cir. 2010) (holding that
defendant inadequately briefs issue when he merely alludes to it and fails to
press it).
Luedde fails to show that the district court abused its discretion by
concluding that his so-called “long COVID” and its attendant symptoms did
not constitute extraordinary and compelling reasons for relief; as the court
correctly found, these conditions were sufficiently treated by medical
professionals, and the facility where he was housed had no active COVID-19
cases. See United States v. Rodriguez, 27 F.4th 1097, 1100-01 & n.2 (5th Cir.
2022) (affirming denials of § 3582(c)(1)(A)(i) motion and motion for
reconsideration for lack of extraordinary and compelling reasons, despite that
movant suffered from obesity, a heart condition, and hypertension, because
prison had implemented measures controlling COVID-19 outbreaks such
that no specific or imminent threat of infection existed); Thompson, 984 F.3d
at 433-35 (affirming denial of § 3582(c)(1)(A)(i) motion based on lack of
extraordinary and compelling reasons, despite movant’s fear of COVID-19,
when movant’s hypertension and high cholesterol were effectively managed
by medications and movant suffered no lingering effects from past stroke).
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Case: 21-40258 Document: 00516419153 Page: 3 Date Filed: 08/04/2022
No. 21-40258
Accordingly, the motions for appointment of counsel and compassionate
release are DENIED, and the order of the district court is AFFIRMED.
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