USA v. Cofer

Filing

UNPUBLISHED OPINION FILED. [08-10329 Affirmed] Judge: CDK , Judge: FPB , Judge: JWE. Mandate pull date is 11/29/2010 [08-10329]

USA v. Cofer

Case: 08-10329 Document: 00511284401 Page: 1 Date Filed: 11/04/2010

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IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 08-10329 S u m m a r y Calendar November 4, 2010 Lyle W. Cayce Clerk

U N IT E D STATES OF AMERICA, P la in t if f -A p p e lle e v. E D G A R JOE COFER, III, also known as Little Joe, D e fe n d a n t -A p p e lla n t

A p p e a l from the United States District Court fo r the Northern District of Texas U S D C No. 5:02-CR-94-1

B e fo r e KING, BENAVIDES and ELROD, Circuit Judges. P E R CURIAM:* E d g a r Joe Cofer, III, federal prisoner # 28746-177, pleaded guilty to one c o u n t of conspiring to distribute and to possess with intent to distribute more t h a n five kilograms of cocaine with intent to manufacture, distribute, and p o s s e s s with intent to distribute more than 50 grams of crack; he is serving a 2 4 0 -m o n t h prison sentence. Before this court is Cofer's appeal of the district c o u r t's order denying his motion for reduction of sentence pursuant to 18 U.S.C. § 3582(c)(2). Cofer contends that the district court erred by denying his motion
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
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Case: 08-10329 Document: 00511284401 Page: 2 Date Filed: 11/04/2010 No. 08-10329 b a s e d on its conclusion that he posed a threat to public safety, as evidenced by t h e enhancement he received to his base offense level due to his leadership role. In addition, he contends that a reduction in sentence was merited because he h a s behaved well in prison and availed himself of programs offered there. These arguments do not suffice to show that the district court abused its d is c r e t io n in connection with its denial of Cofer's § 3582(c) motion. United States v . Evans, 587 F.3d 667, 672 (5th Cir. 2009), cert. denied, 130 S. Ct. 3462 (2010). The judgment of the district court is AFFIRMED.

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