United States v. Fryman ( 2022 )

Case: 21-40529 Document: 00516264371 Page: 1 Date Filed: 04/01/2022
United States Court of Appeals
for the Fifth Circuit
United States Court of Appeals
Fifth Circuit
FILED
April 1, 2022
No. 21-40529 Lyle W. Cayce
Summary Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Aaron Fryman,
Defendant—Appellant.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:19-CR-4-1
Before King, Costa, and Ho, Circuit Judges.
Per Curiam:*
Aaron Fryman, federal prisoner # 75775-479, appeals the district
court’s denial of his motion for compassionate release under 18 U.S.C.
§ 3582(c)(1)(A). He argues that he has shown extraordinary and compelling
reasons warranting compassionate release given the risk a reinfection of
*
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opinion should not be published and is not precedent except under the limited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: 21-40529 Document: 00516264371 Page: 2 Date Filed: 04/01/2022
No. 21-40529
COVID-19 poses to him in light of his medical conditions, particularly his
chronic asthma.
We review the district court’s decision to deny a prisoner’s motion
for compassionate release for an abuse of discretion. United States
v. Chambliss, 948 F.3d 691, 693 (5th Cir. 2020). Fryman has not shown that
the district court abused its discretion in finding that the 18 U.S.C. § 3553(a)
factors weighed against his release. See id. at 693-64. Accordingly, the
judgment of the district court is AFFIRMED. Fryman’s motion for
appointment of counsel is DENIED. See United States v. Robinson, 542 F.3d
1045, 1052 (5th Cir. 2008).
2