Case: 15-40600 Document: 00513650242 Page: 1 Date Filed: 08/24/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 15-40600 FILED
Summary Calendar August 24, 2016
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff–Appellee,
versus
DANIEL SILVA,
Defendant–Appellant.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:11-CR-124-1
Before JOLLY, SMITH, and GRAVES, Circuit Judges.
PER CURIAM: *
Daniel Silva appeals the denial of his 18 U.S.C. § 3582(c)(2) motion to
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 15-40600 Document: 00513650242 Page: 2 Date Filed: 08/24/2016
No. 15-40600
reduce his 146-month sentence on his conviction of possessing with intent to
distribute 31 kilograms of cocaine. The motion was based on the retroactive
provisions of Amendment 782 to the U.S. Sentencing Guidelines. See U.S.S.G.
§§ 1B1.10, 2D1.1(c); see also Dillon v. United States, 560 U.S. 817, 826 (2010).
The district court recognized that Silva was eligible for a reduction under
§ 3582(c)(2) but determined that none was appropriate in light of the applica-
ble sentencing factors. See 18 U.S.C. § 3553(a); see also United States v. Hen-
derson, 636 F.3d 713, 717 (5th Cir. 2011); United States v. Whitebird, 55 F.3d
1007, 1010 (5th Cir. 1995). The additional “facts” regarding his rehabilitation
that Silva now offers were not before the district court, so we will not consider
them. See Theriot v. Par. of Jefferson, 185 F.3d 477, 491 n.26 (5th Cir. 1999).
Moreover, Silva does not show that the more extensive argument he presents
on appeal would have persuaded the district court to exercise its discretion
differently had the argument been presented there. There was no abuse of
discretion. See United States v. Evans, 587 F.3d 667, 672–73 (5th Cir. 2009);
Whitebird, 55 F.3d at 1010.
AFFIRMED.
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