United States v. Perez

Case: 25-10896 Document: 34-1 Page: 1 Date Filed: 01/27/2026

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 25-10896 Summary Calendar FILED ____________ January 27, 2026 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus Fernando Perez, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 4:15-CR-129-2 ______________________________ Before Smith, Higginson, and Wilson, Circuit Judges.

Per Curiam: * Fernando Perez, federal prisoner #49249-177, appeals the order deny- ing him, per 18 U.S.C. § 3582(c)(2), a reduction in his 240-month sentence for conspiracy to possess with intent to distribute methamphetamine. Perez claims that he is eligible for a reduction under Subpart 1 of Part B of Amend- ment 821 because he qualifies as a zero-point offender. He additionally contends that he has been rehabilitated and has a minimal probability of being _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 25-10896 Document: 34-1 Page: 2 Date Filed: 01/27/2026

No. 25-10896 a reoffender.

We review for abuse of discretion a denial of a motion for a sentence reduction under § 3582(c)(2) and denial of a motion for reconsideration. See United States v. Calton, 900 F.3d 706, 710 (5th Cir. 2018). Perez’s presen- tence report indicates that he possessed a firearm in connection with his offense. Thus, he is not eligible for a reduction under Subpart 1 of Part B of Amendment 821 because he does not satisfy the criteria to be a zero-point offender under U.S.S.G. § 4C1.1(a)(7).

Accordingly, Perez has failed to demonstrate that the district court abused its discretion in denying his § 3582(c)(2) motion for a sentence reduc- tion. See Calton, 900 F.3d at 710. The order is AFFIRMED.