Case: 20-10648 Document: 00515907365 Page: 1 Date Filed: 06/21/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
June 21, 2021
No. 20-10648
Summary Calendar Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Javier Rosales,
Defendant—Appellant.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:09-CR-160-3
Before Clement, Higginson, and Engelhardt, Circuit Judges.
Per Curiam:*
In 2010, Javier Rosales, federal prisoner # 39033-177, was sentenced
to 324 months of imprisonment after pleading guilty to conspiracy to
distribute at least 50 grams of methamphetamine. He now appeals the denial
of the 18 U.S.C. § 3582(c)(2) motion he filed in 2020 and the denial of his
*
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opinion should not be published and is not precedent except under the limited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.
Case: 20-10648 Document: 00515907365 Page: 2 Date Filed: 06/21/2021
No. 20-10648
subsequent motion for reconsideration. He argues that the district court
abused its discretion in denying his motion to reduce his sentence pursuant
to Amendment 782, and he contends that the district court improperly
reweighed the evidence before it at the original sentencing to offset the 62-
month applicable reduction.
We pretermit any issues concerning the timeliness of Rosales’s
motion for reconsideration and notice of appeal; the Government has not
raised such challenges, and any untimeliness would not present a
jurisdictional impediment. See United States v. Martinez, 496 F.3d 387, 388-
89 (5th Cir. 2007).
The district court concluded, as a matter of discretion, that Rosales
should not receive a reduction in sentence. Both in its original order and the
order denying the motion for reconsideration, the court explained the reasons
it would not reduce Rosales’s sentence, which focused on the seriousness of
Rosales’s conduct. The district court reviewed all the relevant facts and
materials, considered the request in light of the 18 U.S.C. § 3553(a) factors,
and declined to grant a reduction. The district court did not abuse its
discretion in denying Rosales’s § 3582(c)(2) motion or his motion for
reconsideration. See United States v. Evans, 587 F.3d 667, 672 (5th Cir. 2009);
United States v. Rabhan, 540 F.3d 344, 346-47 (5th Cir. 2008).
AFFIRMED.
2