United States v. Thompson ( 2022 )

Case: 20-60717 Document: 00516151602 Page: 1 Date Filed: 01/03/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
January 3, 2022
No. 20-60717
Summary Calendar Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Gregory Thompson,
Defendant—Appellant.
Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 2:19-CR-27-1
Before Owen, Chief Judge, and Dennis and Ho, Circuit Judges.
Per Curiam:*
Gregory Thompson, federal prisoner # 21460-043, pleaded guilty to
possession with intent to distribute 500 grams or more of methamphetamine
in violation of 21 U.S.C. § 841(a)(1). The district court sentenced him to 120
months’ imprisonment. Less than six months after sentencing, Thompson
*
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opinion should not be published and is not precedent except under the limited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: 20-60717 Document: 00516151602 Page: 2 Date Filed: 01/03/2022
No. 20-60717
moved for compassionate release under 18 U.S.C. § 3582(c)(1)(A)(i). The
district court denied the motion.
Thompson challenges the denial, arguing that his hypertension and
obesity render him at high risk of contracting COVID-19 according to the
Centers for Disease Control and the prison. He argues that prison conditions
heighten his risk, presenting “extraordinary and compelling reasons
warrant[ing] such a reduction” to his sentence under § 3582(c)(1)(A)(i).
Thompson also asserts that the 18 U.S.C. § 3553(a) factors weigh in his favor
because his offense involved no violence and he has made significant efforts
at rehabilitation while in prison, as evidenced by his lack of disciplinary
infractions and educational pursuits.
Thompson has not shown that the district court abused its discretion
when it determined that he did not have an extraordinary and compelling
reason for his immediate release. See United States v. Thompson, 984 F.3d
431, 434-35 (5th Cir. 2021), cert. denied, 2021 WL 2044647 (U.S. May 24,
2021) (No. 20-7832).
The judgment of the district court is AFFIRMED.
2