Freddy Lee Foots, federal prisoner # 14481-119, 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 Footss motion without the benefit of intervening Fifth Circuit authority. 1
Therefore, we VACATE the district courts order and REMAND for further consideration in light of United States v. Shkambi, 993 F.3d 388 (5th Cir. 2021). Footss motion for appointment of counsel on appeal is DENIED AS MOOT. FOOTNOTES
FOOTNOTE
1
. The district court also denied the motion for lack of exhaustion of administrative remedies. On appeal, the government acknowledges that Foots did in fact exhaust administrative remedies.
Per Curiam:*
FN* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.