Case Information
*1 Case: 21-50696 Document: 00516259749 Page: 1 Date Filed: 03/30/2022
United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED March 30, 2022 No. 21-50696 Lyle W. Cayce Summary Calendar Clerk United States of America,
Plaintiff—Appellee , versus
Stephen Omowaiye,
Defendant—Appellant . Appeal from the United States District Court for the Western District of Texas USDC No. 1:16-CR-140-1 Before Southwick, Oldham, and Wilson, Circuit Judges .
Per Curiam: *
Stephen Omowaiye, federal prisoner # 63977-380, appeals the denial of his motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A). Omowaiye argues, without providing any specific examples or record citations, that the district court committed error pursuant to United States *2 Case: 21-50696 Document: 00516259749 Page: 2 Date Filed: 03/30/2022
No. 21-50696 v. Shkambi , 993 F.3d 388, 393 (5th Cir. 2021), when determining that the risk of contracting COVID-19 and his counsel’s ineffectiveness did not constitute extraordinary and compelling circumstances.
We need not resolve whether the district court committed Shkambi error by treating the policy statement in U.S.S.G. § 1B1.13 as binding, see United States v. Cooper , 996 F.3d 283, 288 (5th Cir. 2021); Shkambi , 993 F.3d at 393, because the district court independently determined that compassionate release was not warranted based on a consideration of 18 U.S.C. § 3553(a), see Ward v. United States , 11 F.4th 354, 360–62 (5th Cir. 2021); cf. Cooper , 996 F.3d at 288–89. Specifically, the district court considered the nature and circumstances of the offense, which involved a scheme to defraud elderly victims with an intended loss exceeding $250 million. See § 3553(a)(1). The district court also considered the need for the sentence imposed to reflect the seriousness of the offense, promote respect for the law, provide just punishment, afford adequate deterrence, and protect the public from further crimes of Omowaiye, as well as the lack of a need to provide Omowaiye with necessary medical care. See § 3553(a)(2). Because Omowaiye has failed to demonstrate that the district court’s denial of his motion resulted from an “error of law or clearly erroneous assessment of the evidence,” the judgment of the district court is AFFIRMED . United States v. Chambliss , 948 F.3d 691, 693–94 (5th Cir. 2020).
2
[*] Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.