United States v. Orr

Case: 20-60558 Document: 00515827141 Page: 1 Date Filed: 04/19/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
April 19, 2021
No. 20-60558
Lyle W. Cayce
Summary Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Eli Tom Orr,
Defendant—Appellant.
Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 1:03-CR-35-1
Before Davis, Stewart, and Dennis, Circuit Judges.
Per Curiam:*
Eli Tom Orr, federal prisoner # 11754-042, has appealed the district
court’s order denying his motion for resentencing pursuant to Section 404 of
the First Step Act of 2018. He asserts that, in denying his motion, the district
court placed too much weight on his criminal history, improperly considered
*
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opinion should not be published and is not precedent except under the limited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: 20-60558 Document: 00515827141 Page: 2 Date Filed: 04/19/2021
No. 20-60558
a murder charge of which he was not convicted, and ignored his good
behavior in prison. He has not shown that the district court abused its
discretion. See United States v. Batiste, 980 F.3d 466, 469 (5th Cir. 2020);
United States v. Jackson, 945 F.3d 315, 321-22 (5th Cir. 2019), cert denied, 140
S. Ct. 2699 (2020).
AFFIRMED.
2