USA v. Markwith, No. 20-11160 (5th Cir. 2021)

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Case: 20-11160 Document: 00516077319 Page: 1 Date Filed: 11/02/2021 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED November 2, 2021 No. 20-11160 Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus James R. Markwith, Defendant—Appellant. Appeal from the United States District Court for the Northern District of Texas USDC No. 4:20-CV-1206 Before Stewart, Haynes, and Graves, Circuit Judges. Per Curiam:* James Markwith appeals the denial of his motion for compassionate release under the First Step Act. See 18 U.S.C. § 3582(c)(1)(A)(i). The district court denied Markwith’s motion without the benefit of intervening Fifth Circuit authority. We therefore VACATE the district court’s order * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 20-11160 Document: 00516077319 Page: 2 Date Filed: 11/02/2021 No. 20-11160 and REMAND for further consideration in light of United States v. Shkambi, 993 F.3d 388 (5th Cir. 2021). 2

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