United States v. Moreno ( 2022 )

Case: 21-20139 Document: 00516331280 Page: 1 Date Filed: 05/24/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
May 24, 2022
No. 21-20139 Lyle W. Cayce
Summary Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Pedro Moreno,
Defendant—Appellant.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:95-CR-142-3
Before Higginbotham, Higginson, and Duncan, Circuit Judges.
Per Curiam:*
Pedro Moreno, federal prisoner # 41498-079, appeals the denial of his
pro se motion for compassionate release under the First Step Act. See 18
U.S.C. § 3582(c)(1)(A). The district court denied the motion without the
benefit of intervening Fifth Circuit authority in United States v. Shkambi, 993
*
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opinion should not be published and is not precedent except under the limited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: 21-20139 Document: 00516331280 Page: 2 Date Filed: 05/24/2022
No. 21-20139
F.3d 388 (5th Cir. 2021). In particular, the court did not consider whether the
circumstances of Moreno’s offense, his rehabilitative efforts, and post-
sentencing changes in the law constituted extraordinary and compelling
circumstances warranting release under that subsection. Therefore, we
VACATE the district court’s judgment and REMAND for further
consideration in light of Shkambi. We express no opinion on the merits of
Moreno’s claims for compassionate release.
2