Case: 23-40455 Document: 00516991631 Page: 1 Date Filed: 12/06/2023

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED ____________ December 6, 2023 No. 23-40455 Lyle W. Cayce Summary Calendar Clerk ____________ United States of America, Plaintiff—Appellee, versus Alejandro Jesus Quintero-Reyes, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Southern District of Texas USDC No. 2:19-CR-1613-7 ______________________________ Before Willett, Duncan, and Douglas, Circuit Judges.

Per Curiam: * Alejandro Jesus Quintero-Reyes, federal prisoner # 99374-479, appeals the denial of his motion for a sentence reduction, filed pursuant to 18 U.S.C. § 3582(c)(2), based upon Amendment 782 to the Sentencing Guidelines, and also appeals his postjudgment motion for reconsideration.

Quintero-Reyes contends that the district court abused its discretion in _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 23-40455 Document: 00516991631 Page: 2 Date Filed: 12/06/2023

No. 23-40455

denying his motions because he is eligible for a reduction pursuant to the amendment and the 18 U.S.C. § 3553(a) sentencing factors.

The record reflects that Quintero-Reyes was sentenced after Amendment 782’s effective date and that he received the benefit of this amendment in the calculation of the applicable guidelines range. Thus, he was not “sentenced to a term of imprisonment based on a sentencing range that has subsequently been lowered by the Sentencing Commission,” § 3582(c)(2), and he was thus ineligible for the claimed sentence reduction, Dillon v. United States, 560 U.S. 817, 825-26 (2010). Accordingly, the district court did not abuse its discretion in denying Quintero-Reyes’s motions seeking a reduction and reconsideration. See United States v. Henderson, 636 F.3d 713, 717 (5th Cir. 2011).

AFFIRMED.