Opinion
20-10906
01-31-2022
United States of America, Plaintiff-Appellee, v. Hosie Tucker, III, Defendant-Appellant.
Appeal from the United States District Court for the Northern District of Texas USDC No. 4:12-CR-161-1 USDC No. 4:20-CV-810
Before Davis, Jones, and Elrod, Circuit Judges.
PER CURIAM. [*]
Hosie Tucker, III, federal prisoner # 44580-177, 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 Tucker's motion without the benefit of intervening Fifth Circuit authority. Therefore, we VACATE the district court's order and REMAND for further consideration in light of United States v. Shkambi, 993 F.3d 388 (5th Cir. 2021).
[*] Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.