United States Fifth Circuit

Defendant's sentence for attempting to possess with intent to distribute cocaine base is affirmed where: 1) there was no basis for the court of appeals to make mandatory a sentencing reduction under the cocaine base Sentencing Guidelines; and 2) the district court properly considered defendant's prison disciplinary record in deciding to deny relief under 18 U.S.C. section 3582(c)(2).

Appellate Information

• Decided 02/03/2010
• Published 02/04/2010

Judges

• EMILIO M. GARZA, Circuit Judge:, Before GARZA, DeMOSS, and CLEMENT, Circuit Judges.

Court

• United States Fifth Circuit

Counsel