PER CURIAM: ^[*]

Fortino Garcia, Jr., federal prisoner # 77908-179, appeals the district court’s denial of his 18 U.S.C. § 3582(c)(2) motion, in which he sought a reduction of his 195-month sentence for conspiracy to possess with intent to distribute marijuana and cocaine in accordance with Amendment 782 to the Sentencing Guidelines. We review the denial of a motion for a sentence *2 Case: 16-40006 Document: 00513731120 Page: 2 Date Filed: 10/24/2016

No. 16-40006

reduction under § 3582(c)(2) for an abuse of discretion. United States v. Henderson , 636 F.3d 713, 717 (5th Cir. 2011).

On appeal, Garcia complains that the district court incorrectly concluded that he was not eligible for a reduction. Although the district court did not explicitly indicate that Garcia was eligible for a lower sentence under § 3582(c)(2), it did so implicitly. See United States v. Larry , 632 F.3d 933, 936 (5th Cir. 2011) (stating that the finding of eligibility may be implicit). The court’s statement that Garcia’s 195-month sentence was within the newly applicable guidelines range constituted an acknowledgment that the original sentence was within the range calculated after application of Amendment 782 and after a reduction for substantial assistance.

The record shows that the district court gave due consideration to the 18 U.S.C. § 3553(a) factors, including the nature of the underlying offense and Garcia’s personal characteristics. See U.S.S.G. § 1B1.10, comment. (n.1(B)(i)). The court was under no obligation to reduce the sentence, and Garcia has not demonstrated that the district court abused its discretion. See Henderson , 636 F.3d at 717; United States v. Evans , 587 F.3d 667, 672-73 & n.9 (5th Cir. 2009). Accordingly, the judgment of the district court 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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.