DocketNumber: 16-50228 Summary Calendar
Judges: King, Dennis, Costa
Filed Date: 1/11/2017
Status: Non-Precedential
Modified Date: 11/6/2024
Case: 16-50228 Document: 00513830561 Page: 1 Date Filed: 01/11/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 16-50228 FILED Summary Calendar January 11, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JUAN JESUS HERNANDEZ, Defendant-Appellant Appeals from the United States District Court for the Western District of Texas USDC No. 2:12-CR-529-3 Before KING, DENNIS, and COSTA, Circuit Judges. PER CURIAM: * Juan Jesus Hernandez, federal prisoner # 44338-177, challenges the denial of his18 U.S.C. § 3582
(c)(2) motion, in which he sought a reduction of his below-guidelines sentence for a drug offense based on Amendment 782 to the United States Sentencing Guidelines. He contends that the district court failed to explain its decision, give enough weight to his post-sentencing * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-50228 Document: 00513830561 Page: 2 Date Filed: 01/11/2017 No. 16-50228 conduct, provide him with the revised presentence report, and consider sentencing disparities. We review the denial of a § 3582(c)(2) motion for an abuse of discretion. United States v. Evans,587 F.3d 667
, 672 (5th Cir. 2009). The district court’s order and statements at the hearing reflects its consideration of the § 3582(c)(2) motion, which was filed jointly with the Government, the policy statement under U.S.S.G. § 1B1.10, and the18 U.S.C. § 3553
(a) factors. Because the record shows that the district court gave due consideration to the § 3582(c)(2) motion and the § 3553(a) factors, Hernandez has not shown an abuse of discretion. See United States v. Whitebird,55 F.3d 1007
, 1009 (5th Cir. 1995). AFFIRMED. 2