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United States v. Hector De Hoyos
669 F. App'x 773
5th Cir.
2016
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Case Information

*1 Before KING, DENNIS, and COSTA, Circuit Judges.

PER CURIAM: [*]

Hector De Hoyos appeals the district court’s denial of his 18 U.S.C. § 3582(c)(2) motion, as well as his related motion for reconsideration, in which he sought a reduction of his 120-month sentence for conspiring to possess with the intent to distribute less than 50 kilograms of marijuana. De Hoyos argues that the district court abused its discretion in denying him a sentence reduction pursuant to Amendment 782 of the Sentencing Guidelines, which *2 Case: 15-50773 Document: 00513726055 Page: 2 Date Filed: 10/19/2016

No. 15-50773

effectively lowered most drug-related base offense levels. De Hoyos contends that the district court gave excessive weight to his criminal history and failed to adequately consider the 18 U.S.C. § 3553(a) sentencing factors, including the need to avoid unwarranted sentencing disparities, and De Hoyos’s post- sentencing conduct.

We review for abuse of discretion a district court’s decision whether to reduce a sentence pursuant to § 3582(c)(2). United States v. Evans , 587 F.3d 667, 672 (5th Cir. 2009). The record establishes that the district court considered the § 3553(a) sentencing factors, as well as De Hoyos’s post- sentencing conduct, in evaluating whether a sentence reduction was warranted. See United States v. Whitebird , 55 F.3d 1007, 1009-10 (5th Cir. 1995); U.S.S.G. § 1B1.10, comment. (n.1(B)(iii)). De Hoyos has not shown that the district court abused its discretion by denying his § 3582(c)(2) motion based on an error of law or a clearly erroneous assessment of the evidence. See United States v. Henderson , 636 F.3d 713, 717-18 (5th Cir. 2011). Accordingly, the district court’s judgment is AFFIRMED.

2

[*] Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.

Case Details

Case Name: United States v. Hector De Hoyos
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Oct 19, 2016
Citation: 669 F. App'x 773
Docket Number: 15-50773 Summary Calendar
Court Abbreviation: 5th Cir.
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