Filed: Jan. 11, 2017
Latest Update: Mar. 03, 2020
Summary: 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: *
Summary: 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: * ..
More
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 his 18 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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 the 18 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