United States v. Lenzy Benton ( 2016 )

Case: 15-60441 Document: 00513560837 Page: 1 Date Filed: 06/22/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 15-60441
Summary Calendar
United States Court of Appeals
Fifth Circuit
FILED
June 22, 2016
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff–Appellee,
v.
LENZY BENTON,
Defendant–Appellant
Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 2:11-CR-10-2
Before KING, CLEMENT, and OWEN, Circuit Judges.
PER CURIAM: *
Lenzy Benton, federal prisoner # 06448-043, appeals the denial of a
sentence reduction under 18 U.S.C. § 3582(c)(2). His 63-month sentence is
below the guideline range as amended retroactively by Amendment 782 of the
Sentencing Guidelines. The district court explained that, though it believed it
had the authority to grant a further reduction, it was exercising its discretion
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-60441 Document: 00513560837 Page: 2 Date Filed: 06/22/2016
No. 15-60441
not to do so, in light of the previous reductions and the sentencing factors of 18
U.S.C. § 3553(a).
Benton fails to show that the district court abused its discretion by
declining to award a further reduction, even if it were permitted to do so. See
Dillon v. United States, 560 U.S. 817, 826-27 (2010); United States v.
Whitebird, 55 F.3d 1007, 1010 (5th Cir. 1995). The district court’s decision is
AFFIRMED.
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