Case: 08-10713 Document: 00511027111 Page: 1 Date Filed: 02/12/2010
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
February 12, 2010
No. 08-10713
Conference Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
LORENZO COTTON,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 2:04-CR-72-1
Before GARZA, DENNIS, and ELROD, Circuit Judges.
PER CURIAM:*
Lorenzo Cotton, federal prisoner # 32280-177, appeals the grant of his 18
U.S.C. § 3582(c)(2) motion, which reduced the sentence he is serving for
possession with intent to distribute cocaine base to a term within the amended
guidelines range. We affirm.
Cotton’s argument that the district court was authorized to depart from
the amended guidelines range when sentencing him pursuant to § 3582(c)(2) is
foreclosed by United States v. Doublin, 572 F.3d 235, 238 (5th Cir.), cert. denied,
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 08-10713 Document: 00511027111 Page: 2 Date Filed: 02/12/2010
No. 08-10713
130 S. Ct. 517 (2009), which held Booker 1 inapplicable to § 3582(c) sentence
reductions. His argument that the district court erred in failing to provide
reasons in support of the reduced sentence is foreclosed by United States v.
Evans, 587 F.3d 667, 674 (5th Cir. 2009), which held that a district court is “not
required to state findings of facts and conclusions of law” when granting or
denying a § 3582(c)(2) motion.
AFFIRMED.
1
United States v. Booker, 543 U.S. 220 (2005).
2