United States v. Jesus Barron-Ortiz
699 F. App'x 319
| 5th Cir. | 2017Background
- Barron-Ortiz, a federal prisoner, challenged the district court's denial of his § 3582(c)(2) motion for a sentence reduction.
- His original sentence was 151 months for conspiring to import over five kilograms of cocaine, based on a below-Guidelines range.
- Amendment 782 lowered the base offense levels in Guideline § 2D1.1, but Barron-Ortiz sought a reduction accordingly.
- The district court denied the reduction, citing discretion under § 3582(c)(2) and relevant policy statements.
- Barron-Ortiz appealed, arguing entitlement to a reduction due to the amended guidelines and substantial-assistance considerations.
- The court affirmed, holding the district court did not abuse its discretion in denying the reduction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court abused its discretion in denying § 3582(c)(2) relief | Barron-Ortiz contends he is eligible for a reduction under the amendment. | Barron-Ortiz's reduction is discretionary and not automatic under § 3582(c)(2). | No abuse of discretion; district court properly denied reduction. |
Key Cases Cited
- United States v. Doublin, 572 F.3d 235 (5th Cir. 2009) (§3582(c)(2) reductions are discretionary)
- United States v. Cooley, 590 F.3d 293 (5th Cir. 2009) (discretion to impose a comparable reduction is discretionary)
- United States v. Henderson, 636 F.3d 713 (5th Cir. 2011) (abuse of discretion standard; due consideration of 3553(a))
- United States v. Whitebird, 55 F.3d 1007 (5th Cir. 1995) (courts must consider 3553(a) factors; impliedly addressed in ruling)
- United States v. Evans, 587 F.3d 667 (5th Cir. 2009) (claims not renewed on appeal are abandoned)
- Yohey v. Collins, 985 F.2d 222 (5th Cir. 1993) (abandoned claims on appeal)