United States v. Centeno ( 2022 )

Case: 21-40347 Document: 00516464815 Page: 1 Date Filed: 09/08/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
September 8, 2022
No. 21-40347
Summary Calendar Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Heber Centeno,
Defendant—Appellant.
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:14-CR-81-10
Before Smith, Dennis, and Southwick, Circuit Judges.
Per Curiam:*
Heber Centeno, federal prisoner # 65426-179, appeals the denial of his
motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A), which
was based on his contention that harsh prison conditions; his obesity,
hypertension, and depression, which put him at greater risk of hospitalization
*
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opinion should not be published and is not precedent except under the limited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: 21-40347 Document: 00516464815 Page: 2 Date Filed: 09/08/2022
No. 21-40347
and death from COVID-19; and his lengthy sentence were extraordinary and
compelling reasons warranting early release.
We decline to reach the Government’s argument that Centeno failed
to exhaust his administrative remedies given that the Government did not
appeal the district court’s order finding that exhaustion was satisfied. See
Greenlaw v. United States, 554 U.S. 237, 244-45 (2008); United States v.
Ibarra-Luna, 628 F.3d 712, 715 & n.16 (5th Cir. 2010).
We review the denial of a motion for compassionate release for an
abuse of discretion. See United States v. Chambliss, 948 F.3d 691, 693 (5th
Cir. 2020). Contrary to Centeno’s contention, the district court did not
misapply the relevant factors when it denied relief, given that it considered
his age and that his current health conditions were being managed by
Centeno and the Bureau of Prisons. See United States v. Rodriguez, 27 F.4th
1097, 1099-1101 & n.2 (5th Cir. 2022); United States v. Thompson, 984 F.3d
431, 433-35 (5th Cir.), cert. denied, 141 S. Ct. 2688 (2021).
Accordingly, Centeno has failed to show that the district court abused
its discretion in denying his motion for compassionate release. See Rodriguez,
27 F.4th at 1100-01; Thompson, 984 F.3d at 433-35; Chambliss, 948 F.3d at
693. The judgment of the district court is AFFIRMED.
2