United States v. Richard Garcia ( 2017 )

Case: 15-40817 Document: 00514115158 Page: 1 Date Filed: 08/14/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 15-40817
Fifth Circuit
FILED
August 14, 2017
UNITED STATES OF AMERICA, Lyle W. Cayce
Clerk
Plaintiff - Appellee
v.
RICHARD DANIEL GARCIA,
Defendant - Appellant
Appeals from the United States District Court
for the Southern District of Texas
USDC No. 2:09-CR-297-1
Before STEWART, Chief Judge, and JONES and CLEMENT, Circuit Judges.
PER CURIAM:*
The panel entered a limited remand in this case in an opinion dated
August 1, 2017. Upon receipt of the district court’s order dated August 7, 2017,
the panel now files this supplement to our prior opinion. The district court
order states that the district court “did not consider new information in the
Addendum to deny Garcia’s motion” for a 18 U.S.C. § 3582(c)(2) sentence
reduction. The denial of the sentence reduction was based on Garcia’s past
criminal history and his continued threat to public safety. Therefore, as the
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 15-40817 Document: 00514115158 Page: 2 Date Filed: 08/14/2017
No. 15-40817
court did not consider the new evidence in the Addendum, there was no error.
Therefore we AFFIRM the district court.
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