USA v. Juan Hernandez

Filing

UNPUBLISHED OPINION FILED. [16-50228 Affirmed] Judge: CDK, Judge: JLD, Judge: GJC. Mandate pull date is 02/01/2017 [16-50228]

Case: 16-50228

Document: 00513830561

Page: 1

Date Filed: 01/11/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-50228
Summary Calendar

United States Court of Appeals
Fifth Circuit

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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

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