USA v. Lira, No. 22-50051 (5th Cir. 2022)

Annotate this Case

Download PDF

Case: 22-50051 Document: 00516543522 Page: 1 Date Filed: 11/14/2022 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit No. 22-50051 Summary Calendar FILED November 14, 2022 Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Ismael Lira, Defendant—Appellant. Appeal from the United States District Court for the Western District of Texas USDC No. 2:04-CR-722-1 Before Smith, Dennis, and Southwick, Circuit Judges. Per Curiam:* Ismael Lira, federal prisoner #45946-180, appeals the denial of his motion for compassionate release per to 18 U.S.C. § 3582(c)(1)(A)(i) and his motion for reconsideration of the denial. He avers that he has demonstrated extraordinary and compelling reasons for relief and that the factors in * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 22-50051 Document: 00516543522 Page: 2 Date Filed: 11/14/2022 No. 22-50051 18 U.S.C. § 3553(a) favor a reduction in sentence. The district court’s contrary assessment of the § 3553(a) factors is a sufficient basis for its denial of the motions, and this court owes deference to that assessment. See United States v. Chambliss, 948 F.3d 691, 693 (5th Cir. 2020). Lira shows only that he disagrees with how the court weighed the § 3553(a) factors, which is not a sufficient basis for reversal. See id. at 694. AFFIRMED. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.