USA v. Jose Sanchez

Filing

Opinion issued by court as to Appellant Jose Sanchez. Decision: Affirmed. Opinion type: Non-Published. Opinion method: Per Curiam. The opinion is also available through the Court's Opinions page at this link http://www.ca11.uscourts.gov/opinions.

Case: 15-12944

Date Filed: 03/01/2016

Page: 1 of 2

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 15-12944
Non-Argument Calendar
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D.C. Docket No. 0:09-cr-60042-JIC-2

UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE SANCHEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Florida
________________________
(March 1, 2016)

Before HULL, JILL PRYOR, and EDMONDSON, Circuit Judges.

Case: 15-12944

Date Filed: 03/01/2016

Page: 2 of 2

PER CURIAM:

Jose Sanchez appeals the district court’s denial of his motion to reduce his
sentence, under § 3582(c)(2). Sanchez (a former TSA agent) was eligible for a
potential reduction. But the district court retained the discretion to refuse to
reduce the sentence. The district court did not abuse its discretion in declining to
grant Sanchez relief: a decision based on the 18 U.S.C. § 3553(a) factors -- the
court conducted the required two-step analysis and provided a specific basis for its
decision. For background, see United States v. Williams, 557 F.3d 1254, 1257
(11th Cir. 2009). The district court did not err in allowing the government to
oppose Sanchez’s motion, despite the government’s promise in his plea agreement
that it would recommend -- as it did at his 2009 sentencing -- a sentence at the low
end of his guideline range: the plea agreement did not address the parties’
obligation in the event of a future § 3582(c)(2) proceeding. Accordingly, we
affirm the district court’s denial of § 3582(c)(2) relief.
AFFIRMED.

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