United States v. Zepeda ( 2022 )

Case: 20-51004 Document: 00516350880 Page: 1 Date Filed: 06/09/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
June 9, 2022
No. 20-51004
Summary Calendar Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Mike Fidel Zepeda,
Defendant—Appellant.
Appeal from the United States District Court
for the Western District of Texas
USDC No. 7:18-CR-216-1
Before Higginbotham, Higginson, and Duncan, Circuit Judges.
Per Curiam:*
Mike Fidel Zepeda, federal prisoner # 68147-280, appeals the denial
of his motion for compassionate release pursuant to 18 U.S.C.
§ 3582(c)(1)(A)(i) and the denial of his request for appointment of counsel.
*
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opinion should not be published and is not precedent except under the limited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: 20-51004 Document: 00516350880 Page: 2 Date Filed: 06/09/2022
No. 20-51004
He also moves for appointment of counsel on appeal and to allow attachment
of an addendum to his brief.
We review the denial of compassionate release for an abuse of
discretion. See United States v. Chambliss, 948 F.3d 691, 693 (5th Cir. 2020).
The district court was apprised of the parties’ arguments regarding the
18 U.S.C. § 3553(a) factors, and we conclude that its assessment of those
factors supports the denial of compassionate release; Zepeda’s arguments to
the contrary fail to demonstrate an abuse of discretion. See id. at 693-94. We
are not persuaded that appointment of counsel is warranted on appeal, see
Schwander v. Blackburn, 750 F.2d 494, 502-03 (5th Cir. 1985), or that the
district court erred in that respect. Because his proposed addendum contains
new information presented for the first time on appeal, we will not consider
it. See United States v. Thompson, 984 F.3d 431, 432 n.1 (5th Cir.), cert. denied,
141 S. Ct. 2688 (2021).
In light of the foregoing, Zepeda’s motions are DENIED, and the
order of the district court is AFFIRMED.
2