Filed: Nov. 11, 2016
Latest Update: Mar. 03, 2020
Summary: Case: 15-30854 Document: 00513757524 Page: 1 Date Filed: 11/11/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-30854 Summary Calendar United States Court of Appeals Fifth Circuit FILED November 11, 2016 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. PEDRO WARDELL BROWN, Defendant-Appellant Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:96-CR-100-1 Before KING, DENNIS, and COSTA, Circuit Judges. PER CURIAM
Summary: Case: 15-30854 Document: 00513757524 Page: 1 Date Filed: 11/11/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-30854 Summary Calendar United States Court of Appeals Fifth Circuit FILED November 11, 2016 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. PEDRO WARDELL BROWN, Defendant-Appellant Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:96-CR-100-1 Before KING, DENNIS, and COSTA, Circuit Judges. PER CURIAM:..
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Case: 15-30854 Document: 00513757524 Page: 1 Date Filed: 11/11/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 15-30854
Summary Calendar
United States Court of Appeals
Fifth Circuit
FILED
November 11, 2016
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
PEDRO WARDELL BROWN,
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 2:96-CR-100-1
Before KING, DENNIS, and COSTA, Circuit Judges.
PER CURIAM: *
Pedro Wardell Brown, federal prisoner # 25032-034, appeals the district
court’s denial of his 18 U.S.C. § 3582(c)(2) motion, in which he sought a
reduction of his sentence for conspiracy to possess with intent to distribute 220
grams of crack cocaine; possession with intent to distribute crack cocaine base;
possession with intent to distribute crack cocaine within 1,000 feet of a public
secondary school; and knowingly using and carrying a firearm in relation to a
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-30854 Document: 00513757524 Page: 2 Date Filed: 11/11/2016
No. 15-30854
drug trafficking crime. Brown argues that the district court abused its
discretion in denying him a sentence reduction pursuant to Amendment 782 of
the Sentencing Guidelines, which effectively lowered most drug-related base
offense levels. He asserts that the district court failed to give proper weight to
his post-sentencing conduct, his network of supportive family and friends, and
his expressed remorse for his criminal conduct.
We review for abuse of discretion a district court’s decision whether to
reduce a sentence pursuant to § 3582(c)(2). United States v. Evans,
587 F.3d
667, 672 (5th Cir. 2009). The record establishes that the district court
considered the 18 U.S.C. § 3553(a) sentencing factors as well as Brown’s post-
sentencing conduct in evaluating whether a sentence reduction was
warranted. See United States v. Whitebird,
55 F.3d 1007, 1009-10 (5th Cir.
1995); U.S.S.G. § 1B1.10, comment. (n.1(B)(iii)). Brown has not shown that the
district court abused its discretion by denying his § 3582(c)(2) motion based on
an error of law or a clearly erroneous assessment of the evidence. See United
States v. Henderson,
636 F.3d 713, 717-18 (5th Cir. 2011). Accordingly, the
district court’s judgment is AFFIRMED.
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