United States v. Sims ( 2021 )

Case: 20-30294 Document: 00515811517 Page: 1 Date Filed: 04/07/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
April 7, 2021
No. 20-30294
Lyle W. Cayce
Summary Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Johnnie Sims,
Defendant—Appellant.
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 2:05-CR-297-3
Before Haynes, Willett, and Ho, Circuit Judges.
Per Curiam:*
Johnnie Sims has appealed the district court’s order denying his
motion for a sentence reduction pursuant to Section 404 of the First Step Act
of 2018. He asserts that the district court misapplied this court’s decision in
United States v. Hegwood, 934 F.3d 414 (5th Cir.), cert. denied, 140 S. Ct. 285*
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opinion should not be published and is not precedent except under the limited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.
Case: 20-30294 Document: 00515811517 Page: 2 Date Filed: 04/07/2021
No. 20-30294
(2019), failed to properly consider all of the statutory sentencing factors, and
failed to conduct an individualized assessment of his unique circumstances.
Sims fails to demonstrate an abuse of discretion. See United States v. Batiste,
980 F.3d 466, 477–79 (5th Cir. 2020). Sims also asserts that the district
court’s decision was substantively unreasonable. As he now concedes, this
question is foreclosed. See id. at 479–80. The district court’s order is
AFFIRMED.
2