Filed: Mar. 23, 2015
Latest Update: Mar. 02, 2020
Summary: Case: 14-31059 Document: 00512978597 Page: 1 Date Filed: 03/23/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 14-31059 Summary Calendar United States Court of Appeals Fifth Circuit FILED March 23, 2015 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. SEBASTIAN RICHARDSON, also known as Bam Bam, Defendant-Appellant Appeal from the United States District Court for the Western District of Louisiana USDC No. 5:94-CR-50068-2 Before PRADO, OWEN, and GRAVES, Cir
Summary: Case: 14-31059 Document: 00512978597 Page: 1 Date Filed: 03/23/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 14-31059 Summary Calendar United States Court of Appeals Fifth Circuit FILED March 23, 2015 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. SEBASTIAN RICHARDSON, also known as Bam Bam, Defendant-Appellant Appeal from the United States District Court for the Western District of Louisiana USDC No. 5:94-CR-50068-2 Before PRADO, OWEN, and GRAVES, Circ..
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Case: 14-31059 Document: 00512978597 Page: 1 Date Filed: 03/23/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 14-31059
Summary Calendar
United States Court of Appeals
Fifth Circuit
FILED
March 23, 2015
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
SEBASTIAN RICHARDSON, also known as Bam Bam,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 5:94-CR-50068-2
Before PRADO, OWEN, and GRAVES, Circuit Judges.
PER CURIAM: *
Sebastian Richardson, federal prisoner # 08744-035, appeals the district
court’s 18 U.S.C. § 3582(c)(2) reduction of his sentence in light of the Fair
Sentencing Act of 2010 from 420 months of imprisonment to 405 months of
imprisonment; his sentence falls within the reduced guidelines range.
Section 3582(c)(2) permits the discretionary modification of a defendant’s
sentence “in the case of a defendant who has been sentenced to a term of
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-31059 Document: 00512978597 Page: 2 Date Filed: 03/23/2015
No. 14-31059
imprisonment based on a sentencing range that has subsequently been lowered
by the Sentencing Commission.” § 3582(c)(2); see United States v. Doublin,
572
F.3d 235, 237 (5th Cir. 2009). If the court determines that the movant is
eligible for a sentence modification pursuant to U.S.S.G. § 1B1.10, as it did in
this case, it must then consider the § 3553(a) factors to decide whether a
reduction “is warranted in whole or in part under the particular circumstances
of the case.” Dillon v. United States,
560 U.S. 817, 826-27 (2010); see United
States v. Evans,
587 F.3d 667, 673 (5th Cir. 2009). The district court’s decision
whether to reduce a sentence under § 3582(c)(2) is reviewed for an abuse of
discretion.
Evans, 587 F.3d at 672.
Contrary to Richardson’s assertions, the district court’s order shows that
it considered the § 3553(a) factors, and it was under no obligation to reduce his
sentence further. See
Evans, 587 F.3d at 673. Nor was the district court
required to provide reasons for why it chose not to further reduce his sentence.
Id. at 674. Richardson fails to show that the district court abused its discretion.
Id. at 672.
AFFIRMED.
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