United States v. Henderson

Case: 22-20331 Document: 00516783322 Page: 1 Date Filed: 06/12/2023
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
____________ Fifth Circuit
FILED
No. 22-20331 June 12, 2023
Summary Calendar Lyle W. Cayce
____________ Clerk
United States of America,
Plaintiff—Appellee,
versus
Eryc Jarrod Henderson,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:20-CR-262-1
______________________________
Before Smith, Wiener, and Engelhardt, Circuit Judges.
Per Curiam:*
Eryc Jarrod Henderson pleaded guilty, without a plea agreement, to
possessing a firearm after a felony conviction. The district court sentenced
him within the advisory guidelines range to 78 months of imprisonment and
three years of supervised release. Henderson now appeals.
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-20331 Document: 00516783322 Page: 2 Date Filed: 06/12/2023
No. 22-20331
As he did in the district court, Henderson argues that the policy
statement at U.S.S.G. § 5K1.1 violates the Eighth Amendment because it
does not allow the district court to apply a downward departure under the
provision absent a government motion indicating that the defendant provided
substantial assistance. However, as the district court expressly recognized at
Henderson’s sentencing hearing, the “sentencing court has the power to
consider a defendant’s cooperation under [18 U.S.C.] § 3553(a), irrespective
of whether the Government files a § 5K1.1 motion.” United States v.
Robinson, 741 F.3d 588, 599 (5th Cir. 2014). Thus, contrary to Henderson’s
argument, § 5K1.1 does not prevent the district court from considering and
giving effect to a defendant’s cooperation with the Government as mitigating
evidence. See Penry v. Lynaugh, 492 U.S. 302, 318-19 (1989), abrogated on
other grounds by Atkins v. Virginia, 536 U.S. 304 (2002); Robinson, 741 F.3d at
599-600.
AFFIRMED.
2