United States v. Sylvester ( 2022 )

Case: 21-30413 Document: 00516262323 Page: 1 Date Filed: 03/31/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
No. 21-30413 March 31, 2022
Summary Calendar
Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Donald Sylvester,
Defendant—Appellant.
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 2:04-CR-94-1
Before Higginbotham, Duncan, and Engelhardt, Circuit
Judges.
Per Curiam:*
Donald Sylvester, federal prisoner # 24064-265, appeals the district
court’s order denying his motion for resentencing pursuant to Section 404 of
the First Step Act of 2018. He asserts that he was eligible for a sentencing
*
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opinion should not be published and is not precedent except under the limited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: 21-30413 Document: 00516262323 Page: 2 Date Filed: 03/31/2022
No. 21-30413
reduction and that, in denying his motion, the district court failed to consider
mitigating factors or conduct an individualized assessment.
Because Sylvester was convicted of a drug trafficking conspiracy that
involved a crack cocaine quantity of less than five grams, his offense is not a
covered offense within the meaning of Section 404 of the First Step Act, and
he was ineligible for a sentence reduction. Terry v. United States, 141 S. Ct.
1858, 1862-64 (2021); see United States v. Chacon, 742 F.3d 219, 220 (5th Cir.
2014). Accordingly, the district court’s order is AFFIRMED.
2