USA v. Jacob Lewis

Filing 920100618

Case: 09-30960

Document: 00511147204

Page: 1

Date Filed: 06/18/2010

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
No. 09-30960 Summary Calendar June 18, 2010 Lyle W. Cayce Clerk

UNITED STATES OF AMERICA, Plaintiff-Appellee v. JACOB LEWIS, also known as Black, Defendant-Appellant

Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:04-CR-160-2

Before GARZA, CLEMENT, and OWEN, Circuit Judges. PER CURIAM:* Jacob Lewis, federal prisoner # 28921-034, was convicted of conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine hydrochloride and 50 grams or more of cocaine base. The district court

sentenced Lewis to 210 months of imprisonment. Lewis filed a motion to reduce his sentence under 18 U.S.C. § 3582(c)(2), based on the crack cocaine amendments to the Sentencing Guidelines. The district court reduced Lewis's sentence to 170 months.
*

Lewis appeals the district court's denial of his

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-30960

Document: 00511147204 Page: 2 No. 09-30960

Date Filed: 06/18/2010

subsequent "motion to reiterate," which requested a further sentence reduction pursuant to § 3582(c)(2), based on the same crack cocaine guideline amendment. The district court did not abuse its discretion or commit procedural error in denying relief. See United States v. Evans, 587 F. 3d 667, 673-74 (5th Cir. 2009), petition for cert. filed (Jan. 28, 2010) (No. 09-8939). The judgment of the district court is AFFIRMED.

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