United States v. Cotton

U.S. Court of Appeals for the Fifth Circuit
United States v. Cotton, 365 F. App'x 566 (5th Cir. 2010)
Dennis, Elrod, Garza, Per Curiam

United States v. Cotton

Opinion

PER CURIAM: *

Lorenzo Cotton, federal prisoner # 32280-177, appeals the grant of his 18 U.S.C. § 3582(c)(2) motion, which reduced the sentence he is serving for possession with intent to distribute cocaine base to a *567 term within the amended guidelines range. We affirm.

Cotton’s argument that the district court was authorized to depart from the amended guidelines range when sentencing him pursuant to § 3582(c)(2) is foreclosed by United States v. Doublin, 572 F.3d 235, 238 (5th Cir.), cert. denied, — U.S.-, 130 S.Ct. 517, 175 L.Ed.2d 366 (2009), which held Booker 1 inapplicable to § 3582(c) sentence reductions. His argument that the district court erred in failing to provide reasons in support of the reduced sentence is foreclosed by United States v. Evans, 587 F.3d 667, 674 (5th Cir. 2009), which held that a district court is “not required to state findings of facts and conclusions of law” when granting or denying a § 3582(c)(2) motion.

AFFIRMED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

1

. United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee v. Lorenzo COTTON, Defendant-Appellant
Status
Unpublished