UNITED STATES v. HARRIS (2021)

United States Court of Appeals, Fifth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Ivory Brandon HARRIS, Defendant-Appellant.

No. 20-30351

Decided: February 24, 2021

Before Davis, Stewart, and Dennis, Circuit Judges. Kevin G. Boitmann, Assistant U.S. Attorney, Diane Hollenshead Copes, Esq., Assistant U.S. Attorney, Maurice Edwin Landrieu, Esq., Assistant U.S. Attorney, U.S. Attorney's Office, Eastern District of Louisiana, New Orleans, LA, for Plaintiff-Appellee Samantha Jean Kuhn, Assistant Federal Public Defender, Federal Public Defender's Office, Eastern District of Louisiana, New Orleans, LA, for Defendant-Appellant

Ivory Brandon Harris appeals the district court's order denying his motion for resentencing pursuant to Section 404 of the First Step Act of 2018. He asserts that the district court failed to conduct an individualized assessment of the statutory sentencing factors and failed to adequately explain its reasons for denying a sentence reduction. No abuse of discretion has been shown. See United States v. Batiste, 980 F.3d 466, 477-79 (5th Cir. 2020). Harris also asserts that the district court's decision was substantively unreasonable. As he now concedes, this question is foreclosed. See id. at 479-80. The district court's order is AFFIRMED.

FOOTNOTES

FOOTNOTE.  

Per Curiam:* FN* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.