United States v. Donald Nelson

U.S. Court of Appeals for the Fifth Circuit
United States v. Donald Nelson, 399 F. App'x 934 (5th Cir. 2010)

United States v. Donald Nelson

Opinion

PER CURIAM: *

Donald Ray Nelson, federal prisoner # 01636-051, appeals the district court’s decision granting a motion to reduce his sentence under 18 U.S.C. § 3582(c)(2) and *935 denying a motion to reconsider that ruling. He argues that, pursuant to United States v. Booker, 543 U.S. 220, 125 S.Ct. 788, 160 L.Ed.2d 621 (2005), the district court was not limited to the amended guidelines range but could have granted a greater reduction after considering the 18 U.S.C. § 3553(a) factors.

In Dillon v. United States, — U.S. -, 130 S.Ct. 2683, 2692, 177 L.Ed.2d 271 (2010), the Supreme Court held that Booker does not apply to § 3582(c)(2) proceedings. Because Nelson’s argument is foreclosed by Dillon, the Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED. The Government’s alternative motion for an additional thirty days to file a brief is DENIED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee v. Donald Ray NELSON, Defendant-Appellant
Status
Unpublished