No. 20-20485.

996 F.3d 283 (2021)

UNITED STATES of America, Plaintiff-Appellee, v. Fred Joseph COOPER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED April 28, 2021.

Attorney(s) appearing for the Case

Andrew R. Gould , Arnold & Itkin, L.L.P., Carmen Castillo Mitchell , Eileen K. Wilson , Assistant U.S. Attorneys, U.S. Attorney's Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers , Federal Public Defender, Evan Gray Howze , Assistant Federal Public Defender, Kathryn Shephard , Federal Public Defender's Office, Southern District of Texas, Houston, TX, for Defendant-Appellant.

Before Owen, Chief Judge, and Clement and Higginson, Circuit Judges.

Fred Joseph Cooper, who is currently serving a 40-year sentence for drug-trafficking and firearms convictions, appeals the district court's denial without prejudice of his motion for compassionate release. At the time of the denial, no circuit had squarely considered whether the U.S. Sentencing...

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