United States v. Markwith

Case: 20-11160 Document: 00516077319 Page: 1 Date Filed: 11/02/2021

United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit

FILED
November 2, 2021
No. 20-11160 Lyle W. Cayce
Clerk

United States of America,

Plaintiff—Appellee,

versus

James R. Markwith,

Defendant—Appellant.

Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:20-CV-1206

Before Stewart, Haynes, and Graves, Circuit Judges.
Per Curiam:*
James Markwith appeals the denial of his motion for compassionate
release under the First Step Act. See 18 U.S.C. § 3582(c)(1)(A)(i). The
district court denied Markwith’s motion without the benefit of intervening
Fifth Circuit authority. We therefore VACATE the district court’s order

*
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opinion should not be published and is not precedent except under the limited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: 20-11160 Document: 00516077319 Page: 2 Date Filed: 11/02/2021

No. 20-11160

and REMAND for further consideration in light of United States v. Shkambi,
993 F.3d 388 (5th Cir. 2021).