U.S. Court of Appeals for the Fifth Circuit, 2017

United States v. Luis Berny-Estrada

United States v. Luis Berny-Estrada
U.S. Court of Appeals for the Fifth Circuit · Decided September 1, 2017 · King, Elrod, Higginson
697 F. App'x 315

United States v. Luis Berny-Estrada

Opinion

PER CURIAM: *

Luis Berny-Estrada, federal prisoner # 53849-177, was convicted of illegal reentry and was sentenced to 37 months of imprisonment and three years of supervised release. He appeals the denial of his 18 U.S.C. § 3582(c)(2) motion for a sentence reduction pursuant to Sentencing Guidelines Amendment 802. He also argues that his original guidelines range was incorrectly calculated.

*316 Amendment 802 is not listed in U.S.S.G. § 1B1.10(d). See U.S. Sentencing Guidelines Manual, Supp. to App. C, Amendment 802, pp. 146-59 (2016); § 1B1.10(d). Accordingly, the district court was not authorized to reduce Berny-Estrada’s sentence pursuant to Amendment 802, and the district court did not abuse its discretion in denying his § 3582(c)(2) motion. See Dillon v. United States, 560 U.S. 817, 826, 130 S.Ct. 2683, 177 L.Ed.2d 271 (2010); United States v. Evans, 587 F.3d 667, 672 (5th Cir. 2009). Berny-Estrada’s challenges to the correctness of his original sentence are not cognizable under § 3582(c)(2). See Dillon, 560 U.S. at 831, 130 S.Ct. 2683.

The judgment of the district court is AFFIRMED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be *316 published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.