The opinion
Case: 20-60958 Document: 00516167923 Page: 1 Date Filed: 01/14/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
No. 20-60958 January 14, 2022
Summary Calendar Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Earnest Lee Brown,
Defendant—Appellant.
Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 3:13-CR-15-1
Before Higginbotham, Higginson, and Duncan, Circuit Judges.
Per Curiam:*
Earnest Lee Brown, federal prisoner # 15103-042, appeals the district
court’s denial of his motion for compassionate release under the First Step
Act. 18 U.S.C. § 3582(c)(1)(A)(i). He argues that he has shown
extraordinary and compelling reasons warranting compassionate release in
*
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opinion should not be published and is not precedent except under the limited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: 20-60958 Document: 00516167923 Page: 2 Date Filed: 01/14/2022
No. 20-60958
light of the COVID-19 pandemic, asserting, inter alia, that he is at higher risk
of illness from COVID-19 based on his medical conditions, namely
hypertension and hyperlipidemia, and that other factors, such as the non-
violent nature of his offense, the percentage of his sentence he has already
served, and his post-sentencing conduct, weigh in favor of relief. He also
argues, in reply to the Government’s brief, that the district court failed to
consider the sentencing factors of 18 U.S.C. § 3553(a).
The district court denied Brown’s motion without the benefit of
intervening Fifth Circuit authority. We therefore VACATE the district
court’s order and REMAND for further consideration in light of United
States v. Shkambi, 993 F.3d 388 (5th Cir. 2021). Insofar as Brown moves this
court to reduce his sentence to time served, the motion is DENIED.
2