pleaded guilty to Count One: conspiracy to distribute and to possess with intent to distribute methamphetamine. Because that was Thompson’s third felony conviction, the court deemed him a career offender and sentenced him to 240 months’ imprisonment. He is an inmate at the Federal Correctional Institution (“FCI”) in Texarkana, Texas, where he has served less than eight of his twenty years.
Thompson is forty-three years old, suffers from hypertension and high cholesterol, and had a stroke over ten years ago, from which he suffers no lingering effects.[1] On April 13, 2020, he submitted a request to FCI’s warden, seeking compassionate release based on his underlying health conditions and the resulting heightened risk of severe symptoms from COVID. Although the warden acknowledged Thompson’s “legitimate concerns and fears about the spread and effects” of COVID, those concerns did not “warrant an early release from [his] sentence.” Accordingly, the warden denied the request on May 5. On May 15, Thompson filed a motion for compassionate release in the district court under 18 U.S.C. § 3582; the court denied it about a week later. He appeals that denial.
II.
The general rule is that “court[s] may not modify a term of imprisonment once it has been imposed … .” 18 U.S.C. § 3582(c). But that is subject to a few exceptions. Relevant here, if “extraordinary and compelling reasons” justify a reduction, courts appropriately may reduce the sentence
- ↑ Thompson also asserts, for the first time on appeal, that he is obese. Although it would not alter our view of the case, because he raises that fact for the first time on appeal, we do not address it. Theriot v. Par. of Jefferson, 185 F.3d 477, 491 n.26 (5th Cir. 1999) (“An appellate court may not consider new evidence furnished for the first time on appeal and may not consider facts which were not before the district court at the time of the challenged ruling.”).
2
