United States v. Gandara-Granillo

Type

Opinion

Per curiam

Yes — no individual author

Filed

Dec. 9, 2022

Case

United States v. Gandara-Granillo

Case status

Decided

Source The opinion is per curiam: issued in the name of the court, with no individual author. This is a fact about the opinion, not missing data.

The first passage of the document, as extracted by the source provider.

Case: 22-50343 Document: 00516573380 Page: 1 Date Filed: 12/09/2022 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit No. 22-50343 FILED December 9, 2022 Summary Calendar Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Rene Gandara-Granillo, Defendant—Appellant. Appeal from the United States District Court for the Western District of Texas USDC No. 3:92-CR-132-2 Before Barksdale, Higginson, and Ho, Circuit Judges. Per Curiam:* Rene Gandara-Granillo, federal prisoner # 62260-080 and proceeding pro se, appeals the denial of his motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A). He maintains the court: applied the incorrect legal standard in considering his motion; and erred in assessing the 18 U.S.C. § 3553(a) sentencing factors, by relying on dated facts surrounding his * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 22-50343 Document: 00516573380 Page: 2 Date Filed: 12/09/2022 No. 22-50343 offense and ignoring his age, rehabilitative efforts, and clean prison disciplinary record. Additionally, he claims a double-jeopardy violation and claims the court erred in faili…

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