United States v. Bell
CourtCourt of Appeals for the Fifth Circuit
Date FiledOctober 26, 2026
Docket26-10538
StatusUnpublished
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Full Opinion
Case: 26-10538 Document: 38-1 Page: 1 Date Filed: 10/26/2026
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
____________ Fifth Circuit
FILED
No. 26-10538 October 26, 2026
Summary Calendar
Thomas B. Plunkett, III
____________ Clerk
United States of America,
Plaintiff—Appellee,
versus
Robert Lynn Bell,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:93-CR-302-1
______________________________
Before Smith, Southwick, and Douglas, Circuit Judges.
Per Curiam: *
Robert Bell, federal prisoner #24923-077, moves to proceed in forma
pauperis (“IFP”) in his appeal of the denial of his 18 U.S.C. § 3582(c)-
(1)(A)(i) motion for compassionate release. He is serving a 240-month sen-
tence for armed carjacking. His IFP motion is a challenge to the district
court’s certification that any appeal would not be taken in good faith because
he will not present a nonfrivolous appellate issue. See Baugh v. Taylor,
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 26-10538 Document: 38-1 Page: 2 Date Filed: 10/26/2026
No. 26-10538
117 F.3d 197, 202 (5th Cir. 1997).
In his motion for compassionate release, Bell contended that there
were extraordinary and compelling circumstances for his release. Specifi-
cally, he asserted that the guideline that the district court used at sentencing
to depart upwardly and make his federal sentence run consecutive to his state
sentence, U.S.S.G. § 5K2.3, had been deleted by the Sentencing Commission
in 2025 by Amendment 836 to the Guidelines. In his IFP brief, Bell abandons
that argument. See Yohey v. Collins, 985 F.2d 222, 224–25 (5th Cir. 1993).
Bell does, nevertheless, claim, in his IFP brief, that extraordinary and
compelling circumstances exist for his compassionate release insofar as he is
60 years old, he has been continuously incarcerated for 33 years, and he has
never received a disciplinary report during his incarceration. But Bell fails to
demonstrate that those circumstances are either extraordinary or compelling.
See United States v. Escajeda, 58 F.4th 184, 186 (5th Cir. 2023); see also
28 U.S.C. § 944(t); U.S.S.G. § 1B1.13(d), p.s. Accordingly, he has shown no
arguable abuse of discretion in the district court’s conclusion that he failed to
demonstrate extraordinary and compelling reasons for compassionate re-
lease. See United States v. Chambliss, 948 F.3d 691, 693 (5th Cir. 2020).
Because Bell has not made an arguable showing that the district court
abused its discretion in denying his motion on the basis that he did not pre-
sent extraordinary and compelling circumstances, we need not reach his
arguments as to the district court’s consideration of the 18 U.S.C. § 3553(a)
factors. See United States v. Jackson, 27 F.4th 1088, 1093 n.8 (5th Cir. 2022).
Based on the foregoing, Bell’s IFP motion is DENIED, and the
appeal is DISMISSED as frivolous. See Baugh, 117 F.3d at 202 & n.24;
Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983); 5th Cir. R. 42.2.
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